2502-0605 Supporting Statement_8-29-22

Supporting Statement for Paperwork Reduction Act Submissions

Office of Healthcare Programs

Title: Comprehensive Listing of Transactional Documents for

Mortgagors, Mortgagees and Contractors

OMB Control Number: 2502-0605

Form Numbers: (See Question 12 Below)

1. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information. Include a statement regarding the changes for this submission.

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., 24 CFR 5.212 and 24 CFR 200.6; the Housing and Community Development Act of 1987, 42 USC 3543(a), Pub. L. 100-242, title I, § 165, Feb 5, 1988, 101 Stat. 1864, Preventing Fraud and Abuse in Department of Housing and Urban Development Programs and National Housing Act Section 232 Healthcare Facility Insurance Program.” In addition, 42 USC 3543(a)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, to execute a firm commitment, conduct a loan closing, and maintain the asset in the FHA portfolio.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The information collected under OMB collection 2502-0605 is utilized during the processing of an application for Federal Housing Administration (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, legal counsel for borrower, legal counsel for lender, state or local government entity, surety, auditor, State Historic Preservation Offices (SHPO), Tribal Councils, and others involved in residential healthcare facility projects. Using an approved lender/mortgagee, borrowers/mortgagors submit to ORCF an application for a project to be insured by HUD. The lender’s underwriters process the forms and submit them to HUD through the Section 232 Healthcare Portal: https://www.hud232portal.com/.

Contractors involved in the application process 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 the lender. The information is used to determine project feasibility, principals’ acceptability, and credit worthiness.

The collection also contains documents necessary for the ongoing asset management of healthcare facilities, once those loans have been closed and are in the ORCF portfolio. The lender/mortgagee/servicers are responsible for ensuring the financial and operational viability and sustainability of these projects, and available documents provide them with clear methods for reporting the health of the facilities, both physically and financially, as well as notifying HUD of any substantive changes to the projects or requesting permission to make modifications to the facilities or to change the previously approved participants.

This information collection strengthens HUD rules and regulations by providing tools with which they are to be implemented. The documents provide a detailed mechanism for Section 232 participants to comply with the HUD regulations, in addition to providing consistent and efficient documentation for new transactions, across the Program. This information collection is the primary mechanism that Section 232 participants use for their applications, loan closings and ongoing asset management of FHA-insured mortgages on healthcare facilities and implements program obligations and requirements.

The following documents have been updated to include the implementation of the Section 232 Green Mortgage Insurance Premium as published in the Federal Register on May 19, 2022 (FR-6302-N-01): HUD–9001–ORCF, HUD–9002–ORCF, HUD–9003–ORCF, HUD–9004–ORCF, HUD–9005–ORCF, HUD–9005a–ORCF, HUD–9006–ORCF, HUD–9007–ORCF, HUD–9007a–ORCF, HUD–90013–ORCF, HUD–91124–ORCF, HUD–92466–ORCF, HUD–92467–ORCF, HUD–92464–ORCF, HUD–92476–ORCF.

A complete listing of burden hours (including form numbers and titles) is contained in Section 12 of this document; however, a summary of the category types, and the specific forms that fall under each of those categories, is also provided in the chart below.

Form Number	Document Name (and brief description)
Underwriting Lender Narratives For what purpose is the information being collected? ORCF lender narratives are a summation of the entire mortgage insurance underwriting application submitted by the FHA-approved lender, in collaboration with their borrower/client. HUD uses these documents to fully understand the application submission, and review/approve the requests (along with the underlying supporting materials What information is being collected? The Lender Narratives contain the details, history, proposals and justifications of a project or transaction, and provide a summary of the other supporting materials provided with a transactions request. Details include information about the lender, borrower, operator, management agent, etc., as well as other important factors regarding the submission such as, but not limited to: site, local need, funding, demographics, quality of care provided, etc. These narratives are signed and certified by the submitter (Lender/Servicer) to be true and accurate representations of the request. How the information will be used? HUD/FHA uses this data and information to evaluate the submission for compliance with statutory, regulatory, programmatic, industry and other factors in determining if the applicant/application is an appropriate risk for FHA mortgage insurance fund. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender but may contain data provided to that Lender by the potential borrower, operator, management agent, project administrator, third party reviewer, contractor, the legal counsel or support staff of any of these parties or other necessary parties who may have the information required in the document.
HUD-9001-ORCF	Lender Narrative - 223a7 This form is the main narrative used to provide HUD with the necessary information to review an application for the refinance of an existing Section 232 FHA-insured project. Like all of the Lender Narratives in this section, it presents the entire project and participant information, summarizes the supporting material in the application and is certified by the lender as true and accurate.
HUD-9002-ORCF	Lender Narrative 223f This form is the main narrative used to provide HUD with the necessary information to review an application for the refinance of an existing project, already in operation.
HUD-9003-ORCF	Lender Narrative 241a This form is the main narrative used to provide HUD with the necessary information to review an application for the financing of a supplemental loan to an existing Section 232 FHA-insured project; often for the extension or significant repairs to an existing facility (e.g., the addition of a physical therapy wing or dining hall).
HUD-9004-ORCF	Lender Narrative - New Construction - Single Stage This form is the main narrative used to provide HUD with the necessary information to review an application for the construction of a new Section 232 FHA-insured project.
HUD-9005-ORCF	Lender Narrative - New Construction - 2 Stage - Initial Submittal This form is the main narrative used when a new construction project will be done in two submission phases, rather than one “single stage”. This first submission has the application information necessary for initial approval to begin construction.
HUD-9005a-ORCF	Lender Narrative - New Construction - 2 Stage Final Submittal This form is the main narrative used when a new construction project will be done in two submission phases, rather than one “single stage”. This final submission has the remaining application information necessary for final approval of the overall construction project.
HUD-9006-ORCF	Lender Narrative - Substantial Rehabilitation - Single Stage This form is the main narrative used when a substantial rehabilitation project will be done in two submission phases, rather than one “single stage”. This first submission has the application information necessary for initial approval to begin rehab.
HUD-9007-ORCF	Lender Narrative - Substantial Rehabilitation - 2 Stage Initial Submittal This form is the main narrative used when a project will be undergoing substantial repairs or improvements and done in two submission phases, rather than one “single stage”. This first submission has the application information necessary for initial approval to begin the rehab.
HUD-9007a-ORCF	Lender Narrative - Substantial Rehabilitation - 2 Stage Final Submittal This form is the main narrative used when a substantial rehabilitation project will be done in two submission phases, rather than one “single stage”. This final submission has the remaining application information necessary for final approval of the overall rehab project.
HUD-9009-ORCF	Lender Narrative 232(i) - Fire Safety Equipment Installation, without Existing HUD Insured Mortgage This form is the main narrative used to provide HUD with the necessary information to review an application for the finance of fire safety equipment in a non-FHA-insured project, since the other HUD requirements would not be necessary or appropriate for the overall project, of the loan is only for the installation of this necessary life-saving equipment.
HUD-90010-ORCF	Lender Narrative 232(i) -Fire Safety Equipment Installation, with Existing HUD Insured Mortgage This form is the main narrative used to provide HUD with the necessary information to review an application for the finance of fire safety equipment in a Section 232 FHA-insured project. The installation of such equipment (sprinklers, alarms, etc.) may be very costly, if being retrofit into an older facility that is not in current compliance, and thus this additional loan program is necessary.
HUD-90011-ORCF	Lender Narrative 223(d) - Operating Loss Loan This form is the main narrative used to provide HUD with the necessary information to review an application for the finance of a loan to cover operating losses in a Section 232 FHA-insured project, with the goal of assisting the project in restoring financial viability.
HUD-9444-ORCF	Lender Narrative Cost Certification Supplement This form is used to supplement the main narrative used to provide HUD with the necessary information to review an application for construction or rehab under Section 232. The lender reviews the cost certification and financial audited statements to complete various sections of this supplement, depending on the loan type.
Underwriting Lender Narratives – Summary of Changes No changes.
Consolidated Certifications For what purpose is the information being collected? These certifications are used by HUD to ensure compliance with all submission requirements in an underwriting application, and an application cannot be accepted or approved without a signed certification from all applicable parties. What information is being collected? The Consolidated Certifications allow each participant in the application submission (Lender, Borrower, Principal of Borrower, Operator and/or Management Agent) to submit one certification that addresses a range of matters, such as:  identities of interest, parties to the transaction, credit authorizations, compliance with the Byrd Amendment, compliance with Title VI of the Civil Rights Act of 1964 and compliance with various HUD Mortgage Insurance Program requirements.  How the information will be used? HUD/FHA uses these certifications to verify participant compliance with statutory, regulatory, programmatic, industry and other factors necessary to be certified by the participants for FHA mortgage insurance. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? These documents are submitted by the HUD-approved Section 232 Lender, but the certifications are signed by the Lender, borrower, operator, management agent, principal and parent entity representatives and/or contractors, as appropriate.
HUD-90012-ORCF	Consolidated Certification – Lender This form is a certification by the Lender that the application, supporting materials, and participants are in compliance with disclosure requirements, program obligations and proper due diligence.
HUD-90013-ORCF	Consolidated Certification – Borrower This form is a certification by the Borrower entity that the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence.
HUD-90014-ORCF	Consolidated Certification - Principal of the Borrower This form is a certification by the Principal participants of the Borrower entity that they and the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence.
HUD-90015-ORCF	Consolidated Certification – Operator This form is a certification by the Operator entity that they and the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence, as appropriate to their participation and involvement level.
HUD-90016-ORCF	Consolidated Certification - Parent of Operator This form is a certification by the controlling participants of the Operator entity that they and the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence, as appropriate to their participation and involvement level.
HUD-90017-ORCF	Consolidated Certification - Management Agent This form is a certification by the Management Agent that they and the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence, as appropriate to their participation and involvement level.
HUD-90018-ORCF	Consolidated Certification – Contractors This form is a certification by the General Contractor that they and the application and participants are in compliance with disclosure requirements, program obligations and proper due diligence, as appropriate to their participation and involvement level.
HUD-90021-ORCF	Previous Participation Certification - Controlling Participant This form is used for situations where a controlling participant may not have been a party to any of the above certification forms, but is still required to submit their certification of all relevant previous participation, which is a requirement to participate in the FHA mortgage insurance program.
Consolidated Certifications – Summary of Changes No changes.
Construction Documents For what purpose is the information being collected? They provide HUD with the necessary documentation that all HUD facilities are being constructed in such a way as to comply with all federal, state and local building requirement from the start of construction through the point of occupancy. What information is being collected? This category of documents relates specifically to the construction process for Section 232 projects. They cover processes, procedures and required certifications that must take place during the construction process to ensure the new facility meets all HUD requirements. How the information will be used? HUD/FHA uses this data and information to evaluate the submission for compliance with statutory, regulatory, programmatic, industry and other factors in determining if the applicant/application is an appropriate risk for FHA mortgage insurance fund, specifically related to the construction process. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? These forms are submitted by the borrower or general contractors through the Lender.
HUD-9442-ORCF	Memo for Post-Commitment Early Start of Construction Request This form is an early request to start construction after the initial HUD commitment.
HUD-90023-ORCF	Early Commencement/Early Start This form is the Borrower’s Certification regarding the Early Commencement/Early Start of construction.
HUD-91123-ORCF	Design Professional's Certification of Liability Insurance This form is used for the Architect/Engineer/Designer’s certification which stipulates that they will maintain Architect and/or Engineers Professional Liability Insurance.
HUD-91124-ORCF	Design Architect Certification This form certifies that the proposed construction/substantial rehabilitation will be constructed in accordance with the working drawings, specifications and Program Obligations.
HUD-91125-ORCF	Staffing Schedule This form certifies to the staffing salaries and positions of a construction or rehab project.
HUD-91127-ORCF	Financial Statement Certification This form provides certification of the General Contractor’s Financial Statements on Section 232 Projects.
HUD-91129-ORCF	Lender Certification for New Construction Cost Certifications This form is used by the Lender to certify the actual cost of construction prior to the loan closing.
HUD-92328-ORCF	Contractor's and/or Mortgagor's Cost Breakdown This form is the Schedule of Values (cost breakdown) for construction costs during construction.
HUD-92403-ORCF	Application for Insurance of Advance of Mortgage Proceeds This form is used for the Requisition for Disbursement of Funds during construction.
HUD-92408-ORCF	HUD Amendment to B108 This form is used for the Owner and Architect to represent that they are familiar with HUD’s architectural requirements as set forth in Program Obligations, and will comply with these instructions, accordingly.
HUD-92415-ORCF	Request for Permission to Commence Construction Prior to Initial Endorsement for Mortgage Insurance (Post-Commitment Early Start of Construction) This form authorizes or denies the Permission to Commence Construction Prior to Initial Endorsement for Mortgage Insurance.
HUD-9-ORCF	Request for Construction Changes on Project Mortgages This form authorizes change orders during construction (Construction Changes)
HUD-92441-ORCF	Building Loan Agreement This form provides that the Lender and the Borrower agree to their statements and representations contained in the Building Loan Agreement, and all their supporting documentation are true, accurate and complete.
HUD-92441a-ORCF	Building Loan Agreement Addendum This form is to document ‘Supplemental Items’ to the Building Loan Agreement when Borrowers act as General Contractor.
HUD-92442-ORCF	Construction Contract This form is the Contractor and the Owner agreement of costs, incentives, drawings, payments, retainage, etc. for construction of a project.
HUD-92448-ORCF	Contractor's Requisition This form is a trade breakdown of costs used for construction draws during the construction phase of a Project.
HUD-92450-ORCF	Completion Assurance Agreement This form is used when 2 ½ % of the construction contract sum must be retained in cash or a letter of credit.
HUD-92452-ORCF	Performance Bond - Dual Obligee This is an Assurance of completion through bonds issued by a surety (Form FHA-2452), which will ensure the contractor’s performance during construction.
HUD-92452A-ORCF	Payment Bond This form is issued simultaneously with a Performance Bond-Dual Obligee (Performance Bond) and is issued in connection with a Project which stipulates costs, assignments, timing issues and payment considerations upon default of performance.
HUD-92455-ORCF	Request for Endorsement This form is a Request for Endorsement of the Credit Instrument & Certificate of Lender, Borrower & General Contractor for the terms and conditions therein.
HUD-92456-ORCF	Escrow Agreement for Incomplete Construction This form stipulates that if the Borrower has not yet completed certain Improvements required by the Building Loan Agreement, the incomplete portions of the Improvements are listed together with the estimated completion cost, and this agreement compels the borrower to complete the unfinished work.
HUD-92479-ORCF	Offsite Bond - Dual Obligee This form is issued in connection with a construction project to ensure timely completion, and stipulates costs, assignments and payment considerations for offsite construction.
HUD-92485-ORCF	Permission to Occupy - This form allows occupancy of residents after the issuance of a Certificate of Occupancy (CO) by the local municipality and proof of insurance by the owner.
HUD-92554-ORCF	Supplementary Conditions of the Contract for Construction This form is guidance and model language for amending or supplementing AIA Documents and General Conditions of the Contract for Construction.
HUD-93305-ORCF	Agreement and Certification This form is an agreement and certification form signed by the Borrower, Lender and Contractor for IOI disclosure and adherence to Program Obligations (i.e.,50-75 Rule and general construction issues).
HUD-95379-ORCF	HUD Representative's Trip Report This form is executed by HUD personnel (or authorized Contract Inspector) when visiting a site, to make record of the visit.
Construction Documents – Summary of Changes No changes.
Underwriting Documents For what purpose is the information being collected? The documents in this category represent the supporting documents that are included in a Section 232 new construction, substantial rehabilitation or refinance application. Though HUD uses the Lender Narratives discussed above as a summary of the application, these supporting materials are necessary for HUD to fully understand and approve an application and must be provided to conduct a full review of an underwriting application. What information is being collected? Collected information includes, but is not limited to: detailed calculation worksheets that substantiate the loan value, life of the project, and comparable sales comparisons in recent history; any waiver requests a project may have, to deviate from HUD’s requirements, due to special circumstances; verification of any current financial obligations held by the project and its participants; and other certifications  and documentation to HUD that the project is/will be properly maintained and operated (such as building code certifications and operating leases). How the information will be used? HUD/FHA uses this data and information to evaluate the submission for compliance with statutory, regulatory, programmatic, industry and other factors in determining if the applicant/application is an appropriate risk for FHA mortgage insurance fund. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? They are generated from the borrower or operator of the project but reviewed and submitted by the Lender to provide the details and verifications certified to in the lender narratives (e.g., building code certification), as well provide general submission information (e.g., lenders FHA number request form).
HUD-2-ORCF	Request for Waiver of Housing Directive This form is used by lenders to provide HUD with a request and justification for the waiver (or exception) to Housing Directives. It is also used by HUD to document acceptance or rejection the request.
HUD-935.2D-ORCF	Affirmative Fair Housing Marketing Plan – 232 This form is used by Section 232 applicants to provide HUD with information pertaining to compliance with affirmative fair housing marketing policies in soliciting buyers and tenants, in determining their eligibility, and in concluding sales and rental transactions.
HUD-941-ORCF	Lenders FHA Number Request Form This is an Excel form used by lenders to request HUD to generate a new FHA number for new/future Section 232 projects/applications.
HUD-9445-ORCF	Certification of Outstanding Obligations This is a form used by lenders to provide HUD with a certified list of all obligations (loans; secured and unsecured) of the borrower and the property.
HUD-9839-ORCF	Management Certification—Residential Care Facility This form is used to provide HUD with the terms and conditions of a Management Agreement for a Residential Care Facility, including Management Fees.
HUD-90022-ORCF	Certification for Electronic Submittal This is an Excel form used to provide HUD with information required for the submission of application fees.
HUD-90024-ORCF	Contact Sheet This form is used to provide a central location for contact information of all participants in a Section 232 project.
HUD-91116-ORCF	Operator Lease Addendum This form is an addendum to the operator’s lease, providing covenants that are consistent with HUD Mortgage Insurance requirements.
HUD-91126-ORCF	Financial Statement Certification – Borrower This form is used by the borrower to certify that the submitted financial statements are true and correct.
HUD-91130-ORCF	Building Code Certification This form is used to provide HUD with a certification by the lender to indicate whether or not there are any Building Code Violations. If there are violations, they must be listed on the form.
HUD-92000-ORCF	Appraisal Sockets This is an Excel form that provides information from the application’s appraisal in a consistent and consolidated format and is utilized by HUD staff to evaluate the project’s valuation. Each appraisal submitted to HUD for review must include this form as an attachment. The form can be filled out by an appraiser; however, the lender must certify to the accuracy of the information included in the form.
HUD-92264a-ORCF	Maximum Insurable Loan Calculation This is an Excel form used to report the requested loan amount, identify the program under which an application is submitted and test various financial inputs to determine the Maximum Insurable Loan consistent with HUD’s program requirements for Section 232.
HUD-92434-ORCF	Lender Certification This form is used by the Lender to certify that the statements and representations of fact contained in this form, and all documents submitted and executed by the Lender in connection with this transaction are, to the best of Lender’s knowledge, true, accurate, and complete.
Underwriting Documents – Summary of Changes No changes.
Accounts Receivable Documents For what purpose is the information being collected? There are only two forms in this category.  These documents are applicable when a Section 232 project has (or proposes) separate funds that are used as a line of credit, to ensure that accounts and financial responsibilities of the project are paid in a timely manner, even if the government receivables for each month (e.g., Medicare and Medicaid) are not received from the state on time. What information is being collected? The forms contain financial details and program requirements for the accounts receivable financing that helps to ensure the funds are allocated and utilized properly. How the information will be used? HUD requires these forms to be submitted and in place when this type of financing is included with a project and uses them to enforce proper distributions of the provided funds for the operational and financial viability of a project. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? The documents in this category are generated by the borrower, then reviewed and submitted by the Lender.
HUD-90020-ORCF	Accounts Receivable Financing Certification This form is used to certify that the exhibits provided with the application are a complete copy of all documents evidencing the Accounts Receivable loan and assures there is no comingling or cross-collateralization of funds with any other projects. It discloses if the borrower has any Identity of Interest with the lender or if the Accounts Receivable Lender has any conflict of interest.
HUD-92322-ORCF	Intercreditor Agreement (for AR Financed Projects) This form is used to document the agreement between the Accounts Receivable Lender, FHA Lender and borrower and operator, with regard to the definitions, terms, communications, rights and payment priorities of funds received through the Accounts Receivable Loan and states the terms of repayment for the funds received from the Accounts Receivable Loan.
Accounts Receivable Documents – Summary of Changes No changes.
Master Lease Documents For what purpose is the information being collected? The collection of Master Lease documents was established to address the increasing number of multi-facility portfolio transactions being submitted to the Section 232 program.  HUD requires these documents for portfolios of three or more projects (or projects with aggregate mortgages at or above $90MM) with similar ownership. What information is being collected? Financial and Operational information is collected to tie together the performance and financial responsibilities of projects having the same underlying parties in such a way that cash flow from a well-performing project is made available for use in another (weaker) project if needed to sustain the weaker project’s financial viability.  How the information will be used? These documents help mitigate the risks to HUD of having large loan sizes and project numbers held by any one borrower. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? These documents are generated from the borrower, operator and master tenant of a portfolio of projects, then reviewed and submitted by the Lender.
HUD-92211-ORCF	Master Lease Addendum This form is a supplement to the Master Lease between the Landlords and Master Tenant and sets forth definitions. It reiterates required compliance of the master lease with program obligations and states the control priority of the documents, restricts modification without FHA approval, and requires notification upon default.
HUD-92331-ORCF	Cross-Default Guaranty of Subtenants This form is an agreement between the Guarantors or Subtenants and Sublandlord that each is guaranteeing the obligations of the other subtenants under their respective leases. It is an unconditional and absolute guarantee that the sublease obligations will be paid, performed and strictly observed in accordance with the subleases.
HUD-92333-ORCF	Master Lease SNDA This form states the rights and obligations of the interests of the Borrower, Master Tenant, Subtenant, Operator and Lender with regard to the leasehold estate becoming subordinate to the Security Instrument.
HUD-92334-ORCF	Master Tenant Assignment of Leases and Rents This form, signed by the Lender and the Master Tenant, grants a security interest in and assigns the Master Tenant’s rights to the secured party.
HUD-92335-ORCF	Guide for Opinion of Master Tenant’s Counsel This form is a template for the Master Tenant’s Counsel’s Legal Opinion
HUD-92336-ORCF	Subordinate Cross-Default Guaranty of Subtenants This form between the Sublandlord and the Affiliated Subtenants and guarantees payment under the lease.
HUD-92337-ORCF	Healthcare Regulatory Agreement - Master Tenant This form is a controlling document for the Master Tenant and states the terms, conditions and requirements for participation in the program and penalties for non-compliance.
HUD-92339-ORCF	Master Lease Estoppel Agreement This form contains the certifications of the Master Tenant.
HUD-92340-ORCF	Master Tenant Security Agreement This form states the responsibilities of the Master Tenant as it relates to the mortgage.
HUD-92341-ORCF	Termination and Release of Cross-Default Guaranty of Subtenants This form terminates the cross-default guarantees of the Subtenants in a master lease and would be used when one or more projects are being removed (paid off) from the Section 232 program.
HUD-92342-ORCF	Amendment to HUD Master Lease (Partial Termination and Release) This form terminates all or part of the Master Lease between the Borrower and the Landlord/Tenant and would be used when one or more projects are being removed (paid off) from the Section 232 program.
HUD-92343-ORCF	Limited Guaranty and Security Agreement This form states the rights and responsibilities of the Guarantor and the Lender and is often used as an alternative method for document the arrangements in states that do not otherwise allow Master Lease agreements.
Master Lease Documents – Summary of Changes No changes.
Closing Documents For what purpose is the information being collected? The closing forms encompass the loan documents that will survive the underwriting application process and remain in place for the future operations of an FHA-insured project in the ORCF portfolio.  These important documents memorialize the Program Obligations of a project and its participants and include items such as the Mortgage/Deed of Trust, the Mortgage Note, and HUD regulatory agreements that set forth the specific program obligations the participant must uphold to ensure the project is properly run (financially and operationally) during the life of the loan, to meet HUD standards and requirements.   What information is being collected? Though most of the document titles in this category provide a broad explanation of their contents, the information in each document is designed to set forth the parameters of the requirements and participant/facility responsibilities that will survive beyond the application approval process and into the life of the loan. Examples include: the timeframes and responsibilities for completing non-critical repairs that were deemed acceptable to allow the loan to close, but that must be completed within one year; requirements for how profits (residual receipts) must be allocated when a non-profit project is not allowed to make distributions to its borrowers, and must instead ensure funds are utilized for the project itself or other appropriately approved uses of the non-profit organization; as well as financing instruments common to real estate transactions, such as the mortgage, the note and any applicable subordinate financing agreements. How the information will be used? A project cannot be approved by ORCF and the Office of General Counsel (OGC) to close their loan without these necessary documents generated by the project Participants and reviewed and submitted for approval by the Lender. Who will use the information collected? The information collected is used by HUD/FHA to ensure compliance with the mortgage insurance program. Those documents required to be recorded in the location of the project will be a part of public record (e.g., the Security Instrument/Mortgage/Deed of Trust), while other documents will be used by HUD and the Lender to ensure ongoing compliance with statutes, regulations and program obligations of the mortgage insurance program (e.g., the various Regulatory Agreements). Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender, but may contain data provided to that Lender by the potential borrower, operator, management agent, project administrator, third party reviewer, contractor, the legal counsel or support staff of any of these parties or other necessary parties who may have the information required in the document.
HUD-2205A-ORCF	Borrower’s Certificate of Actual Cost The purpose of this form is to establish the mortgagor's actual total costs, including contractor's cost, to establish the maximum insurable mortgage for final closing of a loan.
HUD-91110-ORCF	Subordination, Non-Disturbance and Attornment Agreement of Operating Lease (SNDA) This instrument is a Subordination Agreement for the Operating Lease and stipulates that the leasehold estate will become subordinate to the Security Agreement.
HUD-91111-ORCF	Survey Instructions and Borrower’s Certification This is the Borrower’s Certification form that the Survey was completed in accordance with the American Land Title Association (ALTA)/HUD standard guidance.
HUD-91112-ORCF	Request of Overpayment of Firm Application Exam Fee This form is used for the refund request due to any overpayment of fees.
HUD-91118-ORCF	Borrower’s Certification – Completion of Critical Repairs This is the Borrower’s Certification that all critical repairs have been completed.
HUD-91710-ORCF	Residual Receipts Note - Non-Profit Mortgagor This is a Note created from Residual Receipts (excess operating funds for a Non-Profit) and the terms and agreements therein.
HUD-92023-ORCF	Request for Final Endorsement The Borrower’s certification that construction of a Project is complete (as stipulated therein) for purposes of going to final endorsement of the loan.
HUD-92070-ORCF	Lease Addendum This instrument is a Ground Lease Agreement (leasehold) that is subject to a security instrument which and can be acquired by HUD in the event of a default.
HUD-92071-ORCF	Management Agreement Addendum Due to Management Agreement documents being unique between the Borrower/Operator and the Management Agent, this document is an Addendum to be added to those agreements that stipulates all rights and agreements required by HUD.
HUD-92223-ORCF	Surplus Cash Note This instrument is a ‘Note’ taken out by a Borrower and is repaid from Surplus Cash (excess operating funds) of a project and is subject to the terms and conditions stipulated therein.
HUD-92323-ORCF	Operator Security Agreement This document stipulates that an Operator shall operate the Healthcare Facility in accordance with, and in all other ways comply with, the Operator’s Regulatory Agreement and Program Obligations, as well as any other terms and conditions defined by the agreement.
HUD-92324-ORCF	Operator Assignment of Leases and Rents This form is used to record the terms and conditions under which an assignment of leases and rents will take place for a Healthcare project.
HUD-92330-ORCF	Borrower's Certificate of Actual Cost This form contains a line-item accounting of a project’s actual cost that is certified by the borrower for a Section 232 project.
HUD-92330A-ORCF	Contractor's Certificate of Actual Cost This form contains a line-item accounting of a project’s actual cost that is certified by the contractor for a Section 232 project.
HUD-92420-ORCF	Subordination Agreement – Financing This is a form used when HUD has agreed to permit Subordinate financing. It includes terms and conditions of the subordination.
HUD-92435-ORCF	Lender's Certification - Insurance Coverage This form is used by the lender to certify to HUD that the lender has reviewed the insurance coverage for a project and that that the insurance is in conformance with HUD requirements.
HUD-92466-ORCF	Healthcare Regulatory Agreement – Borrower This document is used for recording a Regulatory Agreement between HUD and the Borrower associated with a Healthcare Facility. It contains the terms and conditions of the agreement, and the borrower’s obligations and responsibilities to remain in compliance with the FHA mortgage insurance program.
HUD-92466A-ORCF	Healthcare Regulatory Agreement – Operator This document is used for recording a Regulatory Agreement between HUD and the Operator of a Healthcare Facility. It contains the terms and conditions of the agreement, and the operator’s obligations and responsibilities to remain in compliance with the FHA mortgage insurance program.
HUD-92468-ORCF	Healthcare Regulatory Agreement - Fire Safety The Section 232 Program also allows for loans specifically for the implementation of fire safety equipment in healthcare facilities; since these facilities may or may not also be receiving FHA mortgage insurance, this Agreement captures their obligations and responsibilities, specific to the Fire Safety loan, pursuant to Section 232(i) of the National Housing Act.
HUD-94000-ORCF	Security Instrument/Mortgage/Deed of Trust This document is used for recording the Security Instrument/Mortgage/Deed of Trust.
HUD-94000-ORCF-ADD	Security Instrument/Mortgage/Deed of Trust Addenda (various states) These are addenda to a Security Instrument/Mortgage/Deed of Trust for individual states and are used to include specific terms that are required by a state, but not otherwise captured in the main document, above, and include specific codes within the individual state of jurisdiction.
HUD-94000B-ORCF	Rider to Security Instrument – LIHTC This rider is used to amend the security instrument for mortgages involving Low Income Housing Tax Credits
HUD-94001-ORCF	Healthcare Facility Note This form is a multi-state Note which includes the term and conditions of a loan, including the payment amounts for the repayment of unpaid principal and interest.
HUD-94001-ORCF-RI	Healthcare Facility Note - Rider (various states) There are various forms for individual states, which are used as Riders to the Healthcare Facility Note to include specific terms that are required by individual states. These forms are only used in cases where states have specific laws requiring special conditions not covered in the main Note (i.e., AK, LA, ME, OR, VT, WA).
Closing Documents – Summary of Changes Added Section 232 data field on HUD-2205A-ORCF
Escrow Documents For what purpose is the information being collected? This category of documents is utilized when a project must set aside funds to be used in the future, only for specified purposes.  Examples include having funds available during a new project’s initial lease-up period, to cover operational expenses when not all units are leased or having funds available to ensure that large future physical repairs can be made (e.g., window replacement).  What information is being collected? Financial and Operational risk is evaluated as part of the overall application process, such as to determine any debt service or working capital escrows necessary to mitigate those risks within the project. Information is then documented in these forms regarding the setup and ongoing maintenance of these escrows, their timeframes for existence, and the requirements agreed upon to service the accounts. The varying types of escrows are identified by the document titles in this category. How the information will be used? These escrow documents are designed to set forth the limited ways the funds are to be used, and the terms under which the funds may be released during the life of the escrow terms, as well as how remaining funds may be disbursed at the end of the escrow term, provided all requirements have been met. Who will use the information collected? HUD sets forth the parameters for these escrow funds in these documents, and they must be included in the loan closing application for any of the related escrow funds established. HUD and the Lender will use the information to ensure compliance with the escrow agreements during their established terms. Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender but may contain data provided to that Lender by the potential borrower, operator, management agent, project administrator, third party reviewer, contractor, the legal counsel or support staff of any of these parties or other necessary parties who may have the information required in the document.
HUD-9443-ORCF	Minor Moveable Escrow This form states the terms, conditions for release and the amount of the Minor Moveable Escrows (an account utilized for the repair or replacement of smaller/moveable items necessary for the operations of a healthcare facility).
HUD-91071-ORCF	Escrow Agreement for Off-site Facilities This form states the amount of funds, terms and conditions for release of any funds for components in off-site storage, as well as the inspection requirements for said items.
HUD-91128-ORCF	Initial Operating Deficit Escrow Calculation Template This form is a template for calculating the Initial Operating Deficit Escrow amount.
HUD-92412-ORCF	Working Capital Escrow This form states the amount, purpose and conditions for the maintenance and release of funds required to be put in escrow for any working capital shortfalls that may occur prior to the lease-up (during construction) of a new or renovated project.
HUD-92414-ORCF	Latent Defects Escrow This form states the amount, purpose and conditions for the maintenance and release of funds that may be required to cover any latent (delayed) defects that occur after upgrades or repairs are made as a requirement of the underwriting approval.
HUD-92464-ORCF	Request Approval Advance of Escrow Funds This form is a request for release of funds from an escrow account.
HUD-92476-ORCF	Escrow Agreement Noncritical Deferred Repairs This form states the list, terms, conditions for release and the amount of funds that are required for repairs that are deemed not to be critical at the time of initial underwriting approval, but must be completed within one year of that approval; therefore, these funds are set in escrow for that purpose.
HUD-92476B-ORCF	Escrow Agreement for Operating Deficits This form states the terms, conditions for release and the amount of the Operating Deficit Escrow, which is an escrow often used as a risk mitigant and reserve funding source for projects during their initial lease-up, after construction or renovation, since the occupancy (and thus income) will not yet be up to full capacity.
HUD-92476C-ORCF	Escrow Agreement for Debt Service Reserves This form states the purpose, the amount of funds, terms and conditions for release of funds from this escrow, and is an escrow often used as a risk mitigant and reserve funding source for projects that may have financial or other operational concerns, where HUD requires this escrow be set aside to help with any future occupancy (and thus income) shortfalls of an existing project.
Escrow Documents – Summary of Changes No changes.
Legal Opinion/Certification Documents For what purpose is the information being collected? This category is mainly comprised of the Borrower’s and Operator’s Attorney Opinions, and the instructions that accompany those Opinions.  The purposes of the opinion documents are first to be consistent with modern opinion practice while also protecting the interests of HUD and, second, to achieve a uniform format that can be utilized in all jurisdictions. What information is being collected? The Guide and Instructional forms contain information regarding what the legal counsel is to review and certify to; this relates to ensuring that the project and its participants are in legal compliance with the HUD rules and regulations, as well as the state and local laws that have jurisdiction over the proposed project/facility. How the information will be used? HUD regards these as essential to the process of preparing and executing the legal and administrative documents necessary to achieve a loan closing in those healthcare mortgage insurance programs where a Note is endorsed for mortgage insurance by HUD. Who will use the information collected? The information collected is used only by HUD/FHA to ensure the mortgage insurance application has been reviewed by the appropriate legal counsel and is in compliance with state and local laws. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender, but may contain data provided to that Lender by the potential borrower’s and operator’s legal counsel.
HUD-91117-ORCF	Operator Estoppel Certificate By this form, both Borrower and Operator certify as to the status of the Operator Lease (as to its form and terms; that they are not in default thereof; that payments are current; that it has no claims against the other party to the Lease, and other such matters).
HUD-91725-INST-ORCF	Instructions to Guide for Opinion of Borrower’s and Operator’s Counsel This form provides instructions to the Borrower’s and Operator’s legal counsel on completing the opinion forms described below.
HUD-91725-ORCF	Guide for Opinion of Borrower's Counsel This is a form of legal opinion given to HUD by Borrower’s Counsel.  In it, Counsel opines as to Borrower’s due formation, current existence, authority to undertake the loan transaction, and the enforceability of the transaction documents against the Borrower.
HUD-91725-CERT-ORCF	Exhibit A to Opinion of Borrower's Counsel – Borrower’s Certification This additional exhibit by the Borrower certifies that the transaction documents have not been amended, modified or supplemented by any other agreements, that there is no outstanding litigation or pending claims against the Borrower, that there are no outstanding liens against the property, and there are no side-deals, etc.
HUD-92325-ORCF	Guide for Opinion of Operator's Counsel and Certification This is a form of legal opinion given to HUD by Operator’s Counsel.  In it, Counsel opines as to Operator’s due formation, current existence, authority to undertake the loan transaction, the enforceability of the transaction documents against the Operator, and certain other opinions relating to the collateral.  It also contains a separate certification to be executed by the Operator as to the validity of certain financing documents.
HUD-92327-ORCF	Consolidated Operator Opinion [Single State] This form is similar to the HUD-92325-ORCF, but it allows attorneys representing portfolios of multiple projects in the same state to only submit one opinion, encompassing their legal opinion of each operator in the subject portfolio.
Legal Opinion/Certification Documents – Summary of Changes No changes.
Asset Management Documents For what purpose is the information being collected? This grouping contains documents primary to the asset management of the Section 232 portfolio and are used for additions, changed, modifications or transactional requests regarding projects already approved an in the Section 232 Program. What information is being collected? Information collected would be relevant to the transaction and may include various types of data depending on the situation. Examples include: financial information necessary to pay off the insured loan and remove it from the FHA insurance fund; auditor submissions; requests for participants to have access to the Section 232 Healthcare Portal to submit future information electronically; or Lender Narratives to document requests to change the existing participants or modify the physical facility (these documents require the same information that would be necessary to review the original loan application for such participants or structure changes). How the information will be used? These documents implement program requirements, for the ongoing operational and financial success of a project. HUD/FHA uses this data and information to evaluate the transactional request for compliance with statutory, regulatory, programmatic, industry and other factors in determining if the request, change, addition or modification is an appropriate risk for FHA mortgage insurance fund. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA. Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender/Servicer, but may contain data provided to that Lender by the current (or potential, if applicable) borrower, operator, management agent, project administrator, third party reviewer, contractor, the legal counsel or support staff of any of these parties or other necessary parties who may have the information required in the document.
HUD-1044-D-ORCF	Insurance Branch Claim This form is used to record mortgagee information for use in wire transfers.
HUD-2537-ORCF	Mortgagee's Application for Partial Settlement This form is used by mortgagees to submit a partial payment of claim (partial mortgage payoff) of their FHA-insured loan, often due to financial hardship.
HUD-2747-ORCF	Application for Insurance Benefits This form is used by mortgages in assigning a mortgage and conveying title to a new entity.
HUD-9250-ORCF	Funds Authorizations This form combines the 9250-ORCF and 9250A-ORCF into one document for documentation requirements on requests for withdrawal from the Residual Receipts Account or requests for withdrawal, suspension or change in the monthly deposits from the Reserve for Replacement Accounts. These accounts are funding reserves the project pays into, based on the estimate of future physical repairs needed, and then draws those funds down when the repairs are done, over the years.
HUD-9807-ORCF	Insurance Termination Request This form is used by the mortgagee for processing requests to HUD to terminate their FHA-insured loan.
HUD-90019-ORCF	Auditor's Loss Period Financial Statement Certification (223d) If a borrower has submitted losses pursuant to Operating Loss Loan eligibility requirements, this form is used by the auditor to document that loss period.
HUD-90029-ORCF	232 Healthcare Portal Access This form is used to request new or revised access to the 232 Healthcare Portal, which is used for submitting new applications, supporting material, as well as ongoing asset management transaction requests and quarterly financial data.
HUD-90030-ORCF	Lender Narrative, Requests to Release or Modify Original Loan Collateral This form is the main narrative used to provide HUD with the necessary information to review an application for any type of change in the mortgage. It summarizes both the action requested and the supporting material in the application and is, like all lender narratives in this category, certified by the lender as true and accurate
HUD-90031-ORCF	Lender Narrative, Accounts Receivable This form is the main narrative used to provide HUD with the necessary information to review an application for the change or addition of Accounts Receivable financing after a loan has closed, which is a type of revolving credit utilized with many healthcare facilities due to the delays in government Medicare/Medicaid reimbursements.
HUD-90032-ORCF	Lender Narrative, Loan Modification This form is the main narrative used to provide HUD with the necessary information to review an application for a Loan Modification. It presents the entire project, summarizes both the action requested and the supporting material in the application to modify the mortgage (often due to financial or operational distress).
HUD-90033-ORCF	Loan Modification Lender Certification Support of Request for Interest Rate Reduction This form is used by the Lender to certify to HUD certain conditions required as part of a request to reduce the interest rate of an existing FHA-insured mortgage (often due to market fluctuations that lower the interest rate and save the project money by making this reduction).
HUD-92080-ORCF	Mortgage Record Change, 232 This form is used to notify HUD of changes in mortgage record information signed by the lender and is used after a loan has been insured by FHA for asset management purposes.
HUD-92117-ORCF	Borrower’s Certification – Completion of Non-Critical Repairs This form is used by the borrower to certify to HUD the completion of non-critical repairs as identified in Firm Commitment for FHA insurance.
HUD-92228-ORCF	Model Form Bill of Sale and Assignment This form is used as a sample of the documentation needed of the sale and assignment of personal property accompanying the transfer of realty.
HUD-92266-ORCF	Lender Narrative, Change of Ownership Review This form is the main narrative used to provide HUD with the necessary information to review an application for a transfer of physical assets, full or partial. It presents the entire project and participant information, summarize the supporting material in the application and is certified by the lender as true and accurate.
HUD-92266A-ORCF	Lender Narrative, Change of Operator/Lessee This form is the main narrative used to provide HUD with the necessary information to review an application for a change in the operator or lessee of a project. It presents the entire project and participant information, summarize the supporting material in the application and is certified by the lender as true and accurate.
HUD-92266B-ORCF	Lender Narrative, Change of Management Agent This form is the main narrative used to provide HUD with the necessary information to review an application for a change in the Management Agent of a project. It presents the entire project and participant information, summarize the supporting in the application and is certified by the lender as true and accurate.
HUD-92417-ORCF	Personal Financial and Credit Statement This form is used by a proposed participant
HUD-93332-ORCF	Certification of Exigent Health & Safety (EH&S) Issues This form is used by the borrower to certify the completion of repairs noted as Exigent Health and Safety items in a HUD-REAC inspection.
HUD-93333-ORCF	Certification Physical Condition in Compliance This form is used by a participant to document financial and credit history to HUD as part of an application (e.g. for assumption of a HUD loan, etc.)
HUD-93334-ORCF	Servicer's Notification to HUD of Risks to Healthcare Project This form is used by the lender/servicer to notify HUD of certain circumstances placing the project at risk, such as missed performance benchmarks, significant reductions in occupancy, filing a bankruptcy, or other financial or operations risk indicators. The form is also used document actions to mitigate those risks.
HUD-93335-ORCF	Operator's and/or Borrower’s Notification to HUD of Threats to Permits and Approvals This form is used by the Operator or Borrower to notify HUD of any circumstances placing the value of security at risk, such as a failing physical/health inspection that might jeopardize the project’s license or impose civil monies penalties for misconduct.
HUD-93479-ORCF	Monthly Report for Establishing Net Income This form is used as a borrower submission to document a project’s monthly income statement and is only used when a project is in dire distress and must be monitored by HUD on a very close basis until re-stabilized.
HUD-93480-ORCF	Schedule of Disbursements This form is used as a borrower submission to document a project’s monthly cash disbursements and is only used when a project is in dire distress and must be monitored by HUD on a very close basis until re-stabilized.
HUD-93481-ORCF	Schedule of Accounts Payable This form is used by the borrower submission to document a project’s monthly accounts payable and is only used when a project is in dire distress and must be monitored by HUD on a very close basis until re-stabilized.
HUD-93486-ORCF	Computation of Surplus Cash, Distributions and Residual Receipts This form is used to compute when a project has an excess of funds (Surplus Cash). The projects other transactional documents will dictate how they must record disbursing the amount to their participants or, if required (for many non-profits), to be deposited in a Residual Receipts account, and utilized for the project or the mission of the non-profit entity.
Asset Management Documents – Summary of Changes Added Section 232 specific data fields in HUD-1044-D-ORCF, HUD-2537-ORCF, HUD-9250-ORCF.
Supplemental Loan Documents For what purpose is the information being collected? These documents are used when an existing Section 232 projects add a new (supplemental) loan to the original project. What information is being collected? These documents are not described individually because each of the documents is titled with a “supplemental” name and the content is taken directly from the same-named documents that are already approved in this OMB collection, but are written to indicate that they are supplementing those same-named documents with relation to the new addition being added onto the loan. How the information will be used? These documents are tailored to set forth both the terms of the 241a or 223(d) supplemental loan and its impact on the provisions set forth in the underlying loan’s documents. HUD/FHA uses this data and information to evaluate the submission for compliance with statutory, regulatory, programmatic, industry and other factors in determining if the applicant/application for a supplemental loan is an appropriate risk for FHA mortgage insurance fund. Who will use the information collected? The information collected is used only by HUD/FHA to evaluate the mortgage insurance application. The information is not shared or available outside of HUD/FHA, other than documents that may be required for public recordation or use by the Lender. Who will the information be collected from? This information is submitted by the HUD-approved Section 232 Lender, but may contain data provided to that Lender by the potential borrower, operator, management agent, project administrator, third party reviewer, contractor, the legal counsel or support staff of any of these parties or other necessary parties who may have the information required in the document.
HUD-91116A-ORCF	Supplemental Addendum to Operator Lease This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92211A-ORCF	Supplemental Master Lease Addendum This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92323A-ORCF	Supplemental Operator Security Agreement This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92324A-ORCF	Supplemental Operator Assignment of Leases and Rents This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92333A-ORCF	Supplemental Master Lease SNDA This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92334A-ORCF	Supplemental Master Tenant Assignment of Leases and Rents This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92338-ORCF	Supplemental Healthcare Regulatory Agreement – Master Tenant This form is an addendum to existing main document of the same name (form number HUD-92337-ORCF), already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92340A-ORCF	Supplemental Master Tenant Security Agreement This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92434A-ORCF	Supplemental Lender's Certificate for 241(a) This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to the supplemental (Section 241a) loan, which is also receiving FHA mortgage insurance.
HUD-92441B-ORCF	Supplemental Building Loan Agreement for 241(a) This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to the supplemental (Section 241a) loan, which is also receiving FHA mortgage insurance.
HUD-92467-ORCF	Supplemental Healthcare Regulatory Agreement – Borrower This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-92467A-ORCF	Supplemental Healthcare Regulatory Agreement – Operator This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
HUD-94000A-ORCF	Supplemental Security Instrument/Mortgage/Deed of Trust This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans which is also receiving FHA mortgage insurance.
HUD-94001A-ORCF	Supplemental Healthcare Facility Note This form is an addendum to existing main document of the same name and number, already described above, and is used to update that main document with information related to 241(a) and 223(d) loans, which is also receiving FHA mortgage insurance.
241a - Supplemental Loan Documents – Summary of Changes No changes.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

Currently the collection of information is accessible via the internet, and forms are in Microsoft Word, Excel or PDF-fillable forms, thus allowing electronic submission, in addition to hard copy paper submissions for a limited number of documents that require wet signatures for legal purposes. ORCF collects application submission, asset management, and other processing documents in electronic format. In the approved 2017 Change Request, ORCF received OMB approval to collect all submission documents via its online Section 232 Healthcare Portal ( https://www.hud232portal.com/). All new application submissions may be submitted through the Section 232 Healthcare Portal or via CD/flash drive mailed to:

Mike Luke

U.S. Department of Housing & Urban Development

Office of Residential Care Facilities

212 Third Avenue, South

Suite No. 150 

Minneapolis, MN 55401

When there are required legal documents that must have a wet signature, those are submitted directly to the assigned HUD reviewer via hard copy in the mail or hand delivery. Hard copies are not required for any submissions, other than the required legal documents described in section 14, below. The 13 documents described in section 14 are:

1. Healthcare Regulatory Agreement – Borrower (HUD-92466-ORCF);

2. Healthcare Regulatory Agreement – Operator (HUD-92466A-ORCF);

3. Management Certification – Residential Care Facility (HUD-9839-ORCF);

4. Lender Certification (HUD-92434-ORCF);

5. Offsite Bond— Dual Obligee (HUD-92479-ORCF);

6. Performance Bond – Dual Obligee (HUD-92452-ORCF);

7. Payment Bond (HUD-92452A-ORCF);

8. Request for Endorsement (HUD-92455-ORCF);

9. Request for Final Endorsement (HUD-92023-ORCF);

10. Guide for Opinion for Mater Tenant’s Counsel (HUD-92335-ORCF);

11. Healthcare Regulatory Agreement—Master Tenant (HUD-92337-ORCF);

12. Guide for Opinion of Borrower’s Counsel (HUD-91725-ORCF); and

13. Guide for Opinion of Operator’s Counsel and Certification (HUD-92325-ORCF).

Electronic submission has been documented to save applicant/respondent staff preparation time, as well as printing and shipping costs, as demonstrated in the chart below.

Item	Cost per Item	Costs
Printing by Lender	1,500 pages at $.05 per page	$75.00
Lender Box Preparation	$55 per hour and two hours per box	$110.00
Shipping by Lender to HUD in Field	1 – 40 lb. box	$21.90
HUD processing preparation (Field and HQ)	$50 per hour and 1 hour per box	$55.00
Shipping by HUD Field to HQ	1 – 40 lb. box	$21.90
Total		$283.80 per box
Estimated # Boxes per project	3
Estimated # of projects per year	600
Total Annual Costs	(# of boxes x # of projects x cost per box)	$510,840.00

ORCF does not require healthcare facility documents (for production or asset management) be submitted in paper form and discourages hard copy submissions with the exception of 13 documents discussed in section 14 of this Supporting Statement. The 13 documents discussed in section 14 are:

1. Healthcare Regulatory Agreement – Borrower (HUD-92466-ORCF);

2. Healthcare Regulatory Agreement – Operator (HUD-92466A-ORCF);

3. Management Certification – Residential Care Facility (HUD-9839-ORCF);

4. Lender Certification (HUD-92434-ORCF);

5. Offsite Bond— Dual Obligee (HUD-92479-ORCF);

6. Performance Bond – Dual Obligee (HUD-92452-ORCF);

7. Payment Bond (HUD-92452A-ORCF);

8. Request for Endorsement (HUD-92455-ORCF);

9. Request for Final Endorsement (HUD-92023-ORCF);

10. Guide for Opinion for Mater Tenant’s Counsel (HUD-92335-ORCF);

11. Healthcare Regulatory Agreement—Master Tenant (HUD-92337-ORCF);

12. Guide for Opinion of Borrower’s Counsel (HUD-91725-ORCF); and

13. Guide for Opinion of Operator’s Counsel and Certification (HUD-92325-ORCF).

To facilitate the reduction of burden hours, ORCF evaluated the possibilities for developing system-based technology to collect data. ORCF worked for several years to create, build and test an online, web-based, electronic submission process called the Section 232 Healthcare Portal (hereafter, the Portal). The Portal allows for those same electronic documents to be submitted to HUD directly, using the approved web-based method, rather than having the extra step of downloading them to the CD or flash drive, and mailing them to ORCF for uploading. This direct uploading by the submitter saves time and reduces costs associated with the application submission. The Portal is also used for submitting any ongoing updates after the initial application, including, but not limited to, required quarterly financial reporting by healthcare facility operators, or requests for HUD-approval on changes to an existing Section 232 project.

The entire document collection is already formatted to be submitted electronically, and all ORCF staff receive documents in electronic formats from all industry participants (with the exception described above), therefore, utilizing the Portal as the required submission method for all documentation, whether for application or ongoing asset management requests, creates an overall streamlining of the process for both the submitter and the ORCF reviewer. There are no changes to the burden requirements, nor to the documents themselves for using the Portal. The documents (in their Microsoft Word, Excel or PDF formats) are submitted to HUD/ORCF in those same formats and maintained using the same storage and archiving methods previously established; however, the documents are directly uploaded into the Portal for submission to ORCF.

Additionally, the Section 232 Healthcare Portal is being enhanced to collect information for the optional lender delegated approval processes and can allow industry participants to submit ORCF approval requests directly into the Section 232 Healthcare Portal. Automation and/or ORCF review will then determine if a request is approved, and the submitter will receive an automated response from the Portal itself. This collection and approval method will now also provide a more efficient and effective process.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

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

4. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

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.

4. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Documents are used for the review and approval of FHA-insured mortgage applications and asset management transactions and are used to collect mandated information. If the information were not collected, then HUD would have no record of completion or compliance to provide to the satisfaction of all parties of the contract and responsible local government officials. These documents ensure proper initial and ongoing performance of assets within its Section 232 portfolio, and the standardization of these documents helps reduce the burden hours to the participants in meeting and reporting those requirements.

4. Explain any special circumstances that would cause an information collection to be conducted in a manner: (PLEASE ANSWER EACH BULLET SEPARATELY)

• requiring respondents to report information to the agency more than quarterly; When a facility is determined to be in operational or financial distress and is not making their required monthly mortgage payments and mortgage insurance premiums, the following documents require respondents to report financial information to the HUD Field Office no later than the tenth of the month following the month of operation covered by the report on a monthly basis. These documents assist ORCF in closely monitoring the viability of the troubled asset, and working through and action plan to restore stability:

• HUD-93479-ORCF, Monthly Report for Establishing Net Income

• HUD-93480-ORCF, Schedule of Disbursements

• HUD-93481-ORCF, Schedule of Accounts Payable

• requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it; Not Applicable

• requiring respondents to submit more than an original and two copies of any document; Not Applicable

• requiring respondents to retain records other than health, medical, government contract, grant-in-aid, or tax records for more than three years; HUD requires that the Lender retain the origination and underwriting files for ten years from final loan closing, even if the loan has been sold. The servicing file shall be maintained for the life of the loan, plus 3 years. The following conditions should be interleaved into the discussion regarding the need to maintain records for longer than three years: Regulations set forth in 24 CFR part 200, subpart A, apply to mortgages insured under section 232 of the National Housing Act (12 U.S.C. 1715w), as amended; therefore 24 CFR § 200.82 Maturity applies. The mortgage shall have a maturity satisfactory to the Commissioner, and shall contain complete amortization or sinking-fund provisions satisfactory to the Commissioner: (a) The maximum mortgage term may not exceed the lesser of: (1) Any limits included under the applicable section of the Act (not applicable), (2) Thirty-five years for existing projects, except that the mortgage term may be up to 40 years under terms and conditions established by the Commissioner, and 40 years for proposed construction and substantial rehabilitation projects, (3) Seventy-five percent of the estimated remaining economic life of the physical improvements, (b) The minimum mortgage term shall not be less than 10 years.

• in connection with a statistical survey, that is not designed to produce valid and reliable results than can be generalized to the universe of study; Not Applicable

• requiring the use of a statistical data classification that has not been reviewed and approved by OMB; Not Applicable

• that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; Not applicable

• requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law. Not Applicable

4. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

In accordance with 5 CFR 1320.8(d), a 60-day Federal Register Notice soliciting public comments was announced in the Federal Register on November 12, 2021, Volume 86, Page 62837. No comments were received.

A 30-day Federal Register Notice inviting public comments was published on August 26, 2022, Volume 87, Page 52591. No comments were received.

A copy of both published notices is included in this package.

The following representatives were contacted for consultation on this collection:

Peter Edeburn

JLL Real Estate Capital

[email protected]

(763) 656-4573

Tina Laurie

PGIM Real Estate

[email protected]

(314) 396-3877

Jenifer Williams

Berkadia

[email protected]

(214) 360-3870

4. Explain any decision to provide any payment or gift to respondents, other than renumeration of contractors or grantees.

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

4. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

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 fall within one of the Freedom of Information Act (FOIA) exemptions. For example, if the information constitutes “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential," it would be protected under the FOIA. HUD also assures confidentiality to respondents if the information collected could impact the Department’s mission to provide housing units under the various Sections of the Housing Legislation.

4. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

The forms do not include questions of a sensitive nature.

4. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 13.

Estimated Annualized Burden Hours and Costs

*Note: Information Collection / Affected Public for all the forms in this collection are “Businesses or other for profits”

Form Name / Form Number Collection Tool	Document Name	Number of Respon-dents	Freq. of Resp.	Responses Per Year	Avg. Burden Hour per Resp.	Annual Burden Hours	Hourly Cost Per Resp. (Hourly Wage Rate)	Total Annual Respondent Cost
Underwriting Lender Narratives
HUD-9001-ORCF	Lender Narrative - 223a7	30.00	2.50	75.00	22.00	1,650.00	$54.01	$89,116.50
HUD-9002-ORCF	Lender Narrative - 223f	30.00	7.50	225.00	70.00	15,750.00	$54.01	$850,657.50
HUD-9003-ORCF	Lender Narrative - 241a	4.00	1.00	4.00	73.00	292.00	$54.01	$15,770.92
HUD-9004-ORCF	Lender Narrative - New Construction - Single Stage	10.00	2.00	20.00	87.00	1,740.00	$54.01	$93,977.40
HUD-9005-ORCF	Lender Narrative - New Construction - 2 Stage Initial Submittal	10.00	2.00	20.00	63.00	1,260.00	$54.01	$68,052.60
HUD-9005a-ORCF	Lender Narrative - New Construction - 2 Stage Final Submittal	10.00	2.00	20.00	53.00	1,060.00	$54.01	$57,250.60
HUD-9006-ORCF	Lender Narrative - Substantial Rehabilitation - Single Stage	4.00	1.00	4.00	93.00	372.00	$54.01	$20,091.72
HUD-9007-ORCF	Lender Narrative - Substantial Rehabilitation - 2 Stage Initial Submittal	4.00	1.00	4.00	70.00	280.00	$54.01	$15,122.80
HUD-9007a-ORCF	Lender Narrative - Substantial Rehabilitation - 2 Stage Final Submittal	4.00	1.00	4.00	70.00	280.00	$54.01	$15,122.80
HUD-9009-ORCF	Lender Narrative 232(i) - Fire Safety Equipment Installation, without Existing HUD Insured Mortgage	5.00	2.00	10.00	15.00	150.00	$54.01	$8,101.50
HUD-90010-ORCF	Lender Narrative 232(i) -Fire Safety Equipment Installation, with Existing HUD Insured Mortgage	5.00	2.00	10.00	15.00	150.00	$54.01	$8,101.50
HUD-90011-ORCF	Lender Narrative 223(d) - Operating Loss Loan	1.00	2.00	2.00	15.00	30.00	$54.01	$1,620.30
HUD-9444-ORCF	Lender Narrative Cost Certification Supplement	2.00	2.00	4.00	15.00	60.00	$54.01	$3,240.60
Consolidated Certifications
HUD-90012-ORCF	Consolidated Certification - Lender	30.00	2.50	350.00	1.00	75.00	$54.01	$4,050.75
HUD-90013-ORCF	Consolidated Certification - Borrower	77.00	1.00	350.00	1.00	77.00	$54.01	$4,158.77
HUD-90014-ORCF	Consolidated Certification - Principal of the Borrower	38.00	2.00	100.00	1.00	76.00	$54.01	$4,104.76
HUD-90015-ORCF	Consolidated Certification - Operator	35.00	2.00	100.00	1.00	70.00	$54.01	$3,780.70
HUD-90016-ORCF	Consolidated Certification - Parent of Operator	35.00	2.00	100.00	1.00	70.00	$54.01	$3,780.70
HUD-90017-ORCF	Consolidated Certification - Management Agent	35.00	2.00	100.00	1.00	70.00	$54.01	$3,780.70
HUD-90018-ORCF	Consolidated Certification – Contractors	4.00	1.00	75.00	1.50	6.00	$54.01	$324.06
HUD-90021-ORCF	Previous Participation Certification - Controlling Participant	30.00	5.83	174.90	1.00	174.90	$54.01	$9,446.35
Construction Documents
HUD-9442-ORCF	Memo for Post-Commitment Early Start of Construction Request	3.00	2.00	6.00	1.00	6.00	$54.01	$324.06
HUD-90023-ORCF	Early Commencement/Early Start - Borrower Certification	3.00	2.00	6.00	0.25	1.50	$54.01	$81.02
HUD-91123-ORCF	Design Professional's Certification of Liability Insurance	26.00	2.00	52.00	0.50	26.00	$63.38	$1,647.88
HUD-91124-ORCF	Design Architect Certification	26.00	2.00	52.00	0.50	26.00	$63.38	$1,647.88
HUD-91125-ORCF	Staffing Schedule	30.00	5.83	174.90	1.00	174.90	$54.01	$9,446.35
HUD-91127-ORCF	Financial Statement Certification - General Contractor	26.00	2.00	52.00	0.50	26.00	$54.01	$1,404.26
HUD-91129-ORCF	Lender Certification for New Construction Cost Certifications	10.00	5.20	52.00	3.00	156.00	$54.01	$8,425.56
HUD-92328-ORCF	Contractor's and/or Mortgagor's Cost Breakdown	26.00	2.00	52.00	4.00	208.00	$54.01	$11,234.08
HUD-92403-ORCF	Application for Insurance of Advance of Mortgage Proceeds	3.00	2.00	6.00	0.20	1.20	$54.01	$64.81
HUD-92408-ORCF	HUD Amendment to B108	26.00	2.00	52.00	0.50	26.00	$54.01	$1,404.26
HUD-92415-ORCF	Request for Permission to Commence Construction Prior to Initial Endorsement for Mortgage Insurance (Post-Commitment Early Start of Construction)	3.00	2.00	6.00	0.50	3.00	$63.38	$190.14
HUD-92437-ORCF	Request for Construction Changes on Project Mortgages	3.00	2.00	6.00	2.00	12.00	$54.01	$648.12
HUD-92441-ORCF	Building Loan Agreement	10.00	5.20	52.00	1.00	52.00	$54.01	$2,808.52
HUD-92441a-ORCF	Building Loan Agreement Supplemental	10.00	5.20	52.00	1.00	52.00	$54.01	$2,808.52
HUD-92442-ORCF	Construction Contract	10.00	5.20	52.00	1.00	52.00	$54.01	$2,808.52
HUD-92448-ORCF	Contractor's Requisition	3.00	2.00	6.00	6.00	36.00	$54.01	$1,944.36
HUD-92450-ORCF	Completion Assurance	10.00	5.20	52.00	0.50	26.00	$54.01	$1,404.26
HUD-92452-ORCF	Performance Bond - Dual Obligee	5.00	5.20	26.00	0.50	13.00	$104.52	$1,358.76
HUD-92452A-ORCF	Payment Bond	5.00	5.20	26.00	0.50	13.00	$54.01	$702.13
HUD-92455-ORCF	Request for Endorsement	10.00	5.20	52.00	1.00	52.00	$54.01	$2,808.52
HUD-92456-ORCF	Escrow Agreement for Incomplete Construction	3.00	2.00	6.00	0.50	3.00	$54.01	$162.03
HUD-92479-ORCF	Offsite Bond - Dual Obligee	5.00	3.00	15.00	0.50	7.50	$54.01	$405.08
HUD-92485-ORCF	Permission to Occupy	3.00	2.00	6.00	0.50	3.00	$54.01	$162.03
HUD-92554-ORCF	Supplementary Conditions of the Contract for Construction	10.00	5.20	52.00	0.50	26.00	$104.52	$2,717.52
HUD-93305-ORCF	Agreement and Certification	10.00	5.20	52.00	0.50	26.00	$54.01	$1,404.26
HUD-95379-ORCF	HUD Representative's Trip Report	26.00	28.00	728.00	1.00	728.00	$54.01	$39,319.28
Underwriting Documents
HUD-2-ORCF	Request for Waiver of Housing Directive	20.00	8.00	160.00	1.00	160.00	$54.01	$8,641.60
HUD-935.2D-ORCF	Affirmative Fair Housing Marketing Plan – 232	10.00	5.20	52.00	6.00	312.00	$54.01	$16,851.12
HUD-941-ORCF	Lenders FHA Number Request Form	30.00	11.70	351.00	0.50	175.50	$54.01	$9,478.76
HUD-9445-ORCF	Certification of Outstanding Obligations	35.00	10.00	350.00	1.00	350.00	$63.38	$22,183.00
HUD-9839-ORCF	Management Certification—Residential Care Facility	5.00	1.00	5.00	0.50	2.50	$54.01	$135.03
HUD-90022-ORCF	Certification for Electronic Submittal	35.00	10.00	350.00	0.50	175.00	$54.01	$9,451.75
HUD-90024-ORCF	Contact Sheet	35.00	10.00	350.00	1.00	350.00	$54.01	$18,903.50
HUD-91116-ORCF	Addendum to Operating Lease	30.00	6.50	195.00	0.50	97.50	$63.38	$6,179.55
HUD-91126-ORCF	Financial Statement Certification – Borrower	150.00	7.00	1,050.00	0.50	525.00	$57.32	$30,093.00
HUD-91130-ORCF	Building Code Certification	26.00	2.00	52.00	0.50	26.00	$63.38	$1,647.88
HUD-92000-ORCF	Appraisal Sockets	30.00	11.70	351.00	1.50	526.50	$63.38	$33,369.57
HUD-92264a-ORCF	Maximum Insurable Loan Calculation	30.00	11.70	351.00	2.00	702.00	$63.38	$44,492.76
HUD-92434-ORCF	Lender Certification	35.00	10.00	350.00	1.00	350.00	$54.01	$18,903.50
Accounts Receivable Documents
HUD-90020-ORCF	Accounts Receivable Financing Certification	50.00	3.00	150.00	0.50	75.00	$104.52	$7,839.00
HUD-92322-ORCF	Intercreditor Agreement (for AR Financed Projects)	30.00	5.00	150.00	1.50	225.00	$104.52	$23,517.00
Master Lease Documents
HUD-92211-ORCF	Master Lease Addendum	5.00	5.00	25.00	1.00	25.00	$104.52	$2,613.00
HUD-92331-ORCF	Cross-Default Guaranty of Subtenants	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92333-ORCF	Master Lease SNDA	30.00	5.83	174.90	0.50	87.45	$104.52	$9,140.27
HUD-92334-ORCF	Master Tenant Assignment of Leases and Rents	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92335-ORCF	Guide for Opinion of Master Tenant’s Counsel	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92336-ORCF	Subordinate Cross-Default Guaranty of Subtenants	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92337-ORCF	Healthcare Regulatory Agreement - Master Tenant	30.00	5.83	174.90	0.50	87.45	$104.52	$9,140.27
HUD-92339-ORCF	Master Lease Estoppel Agreement	30.00	5.83	174.90	0.50	87.45	$104.52	$9,140.27
HUD-92340-ORCF	Master Tenant Security Agreement	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92341-ORCF	Termination and Release of Cross-Default Guaranty of Subtenants	30.00	5.83	174.90	0.50	87.45	$104.52	$9,140.27
HUD-92342-ORCF	Amendment to HUD Master Lease (Partial Termination and Release)	30.00	5.83	174.90	0.50	87.45	$104.52	$9,140.27
HUD-92343-ORCF	Limited Guaranty and Security Agreement	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
Closing Documents
HUD-2205A-ORCF	Borrower’s Certificate of Actual Cost	30.00	7.50	225.00	3.50	787.50	$57.32	$45,139.50
HUD-91110-ORCF	Subordination, Non-Disturbance and Attornment Agreement of Operating Lease (SNDA)	30.00	11.70	351.00	0.50	175.50	$104.52	$18,343.26
HUD-91111-ORCF	Survey Instructions and Borrower’s Certification	180.00	1.50	270.00	0.50	135.00	$63.38	$8,556.30
HUD-91112-ORCF	Request of Overpayment of Firm Application Exam Fee	15.00	5.13	76.95	0.50	38.48	$54.01	$2,078.03
HUD-91118-ORCF	Borrower’s Certification – Completion of Critical Repairs	240.00	1.00	240.00	0.50	120.00	$54.01	$6,481.20
HUD-91710-ORCF	Residual Receipts Note - Non-Profit Mortgagor	5.00	2.00	10.00	0.50	5.00	$54.01	$270.05
HUD-92023-ORCF	Request for Final Endorsement	10.00	5.20	52.00	1.00	52.00	$54.01	$2,808.52
HUD-92070-ORCF	Lease Addendum	2.00	1.00	2.00	0.50	1.00	$104.52	$104.52
HUD-92071-ORCF	Management Agreement Addendum	35.00	11.70	409.50	0.50	204.75	$54.01	$11,058.55
HUD-92223-ORCF	Surplus Cash Note	7.00	2.00	14.00	0.50	7.00	$57.32	$401.24
HUD-92323-ORCF	Operator Security Agreement	30.00	6.50	195.00	1.00	195.00	$104.52	$20,381.40
HUD-92324-ORCF	Operator Assignment of Leases and Rents	30.00	6.50	195.00	1.00	195.00	$104.52	$20,381.40
HUD-92330-ORCF	Mortgagor's Certificate of Actual Cost	5.00	3.00	15.00	8.00	120.00	$57.32	$6,878.40
HUD-92330A-ORCF	Contractor's Certificate of Actual Cost	5.00	3.00	15.00	8.00	120.00	$57.32	$6,878.40
HUD-92420-ORCF	Subordination Agreement - Financing	7.00	2.00	14.00	0.50	7.00	$104.52	$731.64
HUD-92435-ORCF	Lender's Certification - Insurance Coverage	35.00	11.70	409.50	0.25	102.38	$54.01	$5,529.27
HUD-92466-ORCF	Healthcare Regulatory Agreement – Borrower	35.00	10.00	350.00	0.50	175.00	$104.52	$18,291.00
HUD-92466A-ORCF	Healthcare Regulatory Agreement – Operator	10.00	2.00	350.00	0.50	10.00	$104.52	$1,045.20
HUD-92468-ORCF	Healthcare Regulatory Agreement - Fire Safety	35.00	2.00	70.00	0.50	35.00	$104.52	$3,658.20
HUD-94000-ORCF	Security Instrument/Mortgage/Deed of Trust	35.00	10.00	350.00	0.50	175.00	$104.52	$18,291.00
HUD-94000-ORCF-ADD	Security Instrument/Mortgage/Deed of Trust Addenda (NOTE: 50 Forms)	35.00	10.00	350.00	0.50	175.00	$104.52	$18,291.00
HUD-94000B-ORCF	Rider to Security Instrument - LIHTC	35.00	10.00	350.00	0.50	175.00	$104.52	$18,291.00
HUD-94001-ORCF	Healthcare Facility Note	35.00	10.00	350.00	1.00	350.00	$54.01	$18,903.50
HUD-94001-ORCF-RI	Healthcare Facility Note - Rider (NOTE: Six Forms)	35.00	10.00	350.00	0.50	175.00	$54.01	$9,451.75
Escrow Documents
HUD-9443-ORCF	Minor Moveable Escrow	26.00	2.00	52.00	1.00	52.00	$63.38	$3,295.76
HUD-91071-ORCF	Escrow Agreement for Off-site Facilities	3.00	2.00	6.00	0.50	3.00	$54.01	$162.03
HUD-91128-ORCF	Initial Operating Deficit Escrow Calculation Template	11.00	5.00	55.00	1.50	82.50	$63.38	$5,228.85
HUD-92412-ORCF	Working Capital Escrow	10.00	5.20	52.00	0.50	26.00	$57.32	$1,490.32
HUD-92414-ORCF	Latent Defects Escrow	20.00	12.00	240.00	0.50	120.00	$57.32	$6,878.40
HUD-92464-ORCF	Request Approval Advance of Escrow Funds	35.00	15.00	525.00	1.00	525.00	$57.32	$30,093.00
HUD-92476-ORCF	Escrow Agreement Noncritical Deferred Repairs	20.00	12.00	240.00	0.50	120.00	$57.32	$6,878.40
HUD-92476B-ORCF	Escrow Agreement for Operating Deficits	12.00	4.80	57.60	0.50	28.80	$57.32	$1,650.82
HUD-92476C-ORCF	Escrow Agreement for Debt Service Reserves	12.00	4.80	57.60	0.50	28.80	$57.32	$1,650.82
Legal Opinion/Certification Documents
HUD-91117-ORCF	Operator Estoppel Certificate	100.00	2.00	200.00	0.50	100.00	$104.52	$10,452.00
HUD-91725-ORCF	Guide for Opinion of Borrower's Counsel	35.00	10.00	350.00	2.00	700.00	$104.52	$73,164.00
HUD-91725-INST-ORCF	Instructions to Guide for Opinion of Borrower’s and Operator’s Counsel	35.00	10.00	350.00	0.00	0.00	$104.52	$0.00
HUD-91725-CERT-ORCF	Exhibit A to Opinion of Borrower's Counsel – Certification	35.00	10.00	350.00	2.00	700.00	$104.52	$73,164.00
HUD-92325-ORCF	Guide for Opinion of Operator's Counsel and Certification	30.00	6.50	195.00	1.50	292.50	$104.52	$30,572.10
HUD-92327-ORCF	Consolidated Operator Opinion [Single State]	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
Asset Management Documents
HUD-1044-D-ORCF	Insurance Branch Claim	20.00	7.00	140.00	0.50	70.00	$54.69	$3,828.30
HUD-2537-ORCF	Mortgagee's Application for Partial Settlement	20.00	7.00	140.00	0.25	35.00	$54.69	$1,914.15
HUD-2747-ORCF	Application for Insurance Benefits	20.00	7.00	140.00	0.10	14.00	$54.69	$765.66
HUD-9250-ORCF	Funds Authorizations	500.00	5.60	2,800.00	1.00	2,800.00	$54.01	$151,228.00
HUD-9807-ORCF	Insurance Termination Request	20.00	7.00	140.00	0.10	14.00	$54.01	$756.14
HUD-90019-ORCF	Auditor's Loss Period Financial Statement Certification (223d)	3.00	1.00	3.00	0.50	1.50	$57.32	$85.98
HUD-90029-ORCF	232 Healthcare Portal Access	60.00	3.00	180.00	0.50	90.00	$54.01	$4,860.90
HUD-90030-ORCF	Lender Narrative, Requests to Release or Modify Original Loan Collateral	30.00	2.00	60.00	3.00	180.00	$54.01	$9,721.80
HUD-90031-ORCF	Lender Narrative, Accounts Receivable	30.00	2.00	60.00	1.5	90.00	$54.01	$4,860.90
HUD-90032-ORCF	Lender Narrative, Loan Modification	20.00	4.00	80.00	1.50	120.00	$54.01	$6,481.20
HUD-90033-ORCF	Loan Modification Lender Certification	20.00	4.00	80.00	0.50	40.00	$54.01	$2,160.40
HUD-92080-ORCF	Mortgage Record Change - 232	20.00	1.00	20.00	0.25	5.00	$54.01	$270.05
HUD-92117-ORCF	Borrower’s Certification – Completion of Non-Critical Repairs	250.00	2.00	500.00	0.50	250.00	$54.01	$13,502.50
HUD-92228-ORCF	Model Form Bill of Sale and Assignment	20.00	2.00	40.00	0.50	20.00	$54.01	$1,080.20
HUD-92266-ORCF	Lender Narrative, Change of Ownership Review	50.00	4.00	200.00	5.00	1,000.00	$54.01	$54,010.00
HUD-92266A-ORCF	Lender Narrative, Change of Operator/Lessee	25.00	1.00	25.00	4.00	100.00	$54.01	$5,401.00
HUD-92266B-ORCF	Lender Narrative, Change of Management Agent	25.00	1.00	25.00	2.00	50.00	$54.01	$2,700.50
HUD-92417-ORCF	Personal Financial and Credit Statement	175.00	6.00	1,050.00	3.50	3,675.00	$57.32	$210,651.00
HUD-93332-ORCF	Certification of Exigent Health & Safety (EH&S) Issues	456.00	1.00	456.00	1.00	456.00	$54.01	$24,628.56
HUD-93333-ORCF	Certification Physical Condition in Compliance	208.00	1.00	208.00	0.50	104.00	$54.01	$5,617.04
HUD-93334-ORCF	Servicer's Notification to HUD of Risks to Healthcare Project	60.00	15.00	900.00	0.5	450.00	$54.01	$24,304.50
HUD-93335-ORCF	Operator's Notification to HUD of Threats to Permits and Approvals	60.00	5.00	300.00	0.5	150.00	$54.01	$8,101.50
HUD-93479-ORCF	Monthly Report for Establishing Net Income	60.00	2.00	120.00	1.00	120.00	$57.32	$6,878.40
HUD-93480-ORCF	Schedule of Disbursements	60.00	12.00	720.00	1.00	720.00	$57.32	$41,270.40
HUD-93481-ORCF	Schedule of Accounts Payable	60.00	12.00	720.00	1.00	720.00	$57.32	$41,270.40
HUD-93486-ORCF	Computation of Surplus Cash	70.00	1.00	70.00	0.50	35.00	$57.32	$2,006.20
Supplemental Loan Documents
HUD-91116A-ORCF	Supplemental Addendum to Operator Lease	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-92211A-ORCF	Supplemental Master Lease Addendum	10.00	0.50	5.00	1.00	5.00	$104.52	$522.60
HUD-92323A-ORCF	Supplemental Operator Security Agreement	10.00	0.50	5.00	1.00	5.00	$104.52	$522.60
HUD-92324A-ORCF	Supplemental Operator Assignment of Leases and Rents	30.00	6.50	195.00	1.00	195.00	$104.52	$20,381.40
HUD-92333A-ORCF	Supplemental Master Lease SNDA	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-92334A-ORCF	Supplemental Master Tenant Assignment of Leases and Rents	30.00	5.83	174.90	1.00	174.90	$104.52	$18,280.55
HUD-92338-ORCF	Supplemental Healthcare Regulatory Agreement – Master Tenant	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-92340A-ORCF	Supplemental Master Tenant Security Agreement	10.00	0.50	5.00	1.00	5.00	$104.52	$522.60
HUD-92434A-ORCF	Supplemental Lender's Certificate for 241(a)	10.00	0.50	5.00	1.00	5.00	$54.01	$270.05
HUD-92441B-ORCF	Supplemental Building Loan Agreement for 241(a)	10.00	0.50	5.00	1.00	5.00	$54.01	$270.05
HUD-92467-ORCF	Supplemental Healthcare Regulatory Agreement – Borrower	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-92467A-ORCF	Supplemental Healthcare Regulatory Agreement – Operator	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-94000A-ORCF	Supplemental Security Instrument/Mortgage/Deed of Trust	10.00	0.50	5.00	0.50	2.50	$104.52	$261.30
HUD-94001A-ORCF	Supplemental Healthcare Facility Note	10.00	0.50	5.00	1.00	5.00	$54.01	$270.05
Total		5,451		27,163		50,122		$3,041,470

*The total annual burden hours have been rounded up to 50,122 hours and the responses rounded up to 27,163 to be consistent with OMB’s system ROCIS.*

According to the U.S. Department of Labor, Bureau of Labor Statistics website (https://www.bls.gov/oes/current/oes231011.htm) the wage rate category for “Lawyer” is estimated to be $104.52 per hour, including the wage rate multiplier; therefore, the estimated burden hour cost to these respondents is estimated to be $578,669.75 annually.

$71.59 (mean hourly wage rate) x 1.46 (wage rate multiplier) = $104.52 (fully-loaded wage rate).

According to the U.S. Department of Labor, Bureau of Labor Statistics website (https://www.bls.gov/oes/current/oes170000.htm ) the wage rate category for “Architectural & Engineering Occupations” is estimated to be $63.38 per hour, including the wage rate multiplier; therefore, the estimated burden hour cost to these respondents is estimated to be $128,439.57 annually.

$43.41 (mean hourly wage rate) x 1.46 (wage rate multiplier) = $63.38 (fully-loaded wage rate).

According to the U.S. Department of Labor, Bureau of Labor Statistics website (https://www.bls.gov/oes/current/oes132011.htm) the wage rate category for “Accountants & Auditors” is estimated to be $57.32 per hour, including the wage rate multiplier; therefore, the estimated burden hour cost to these respondents is estimated to be $440,194.67 annually.

$39.26 (mean hourly wage rate) x 1.46 (wage rate multiplier) = $57.32 (fully-loaded wage rate).

According to the U.S. Department of Labor, Bureau of Labor Statistics website (https://www.bls.gov/oes/current/oes132072.htm) the wage rate category for “Loan Officer” is estimated to be $54.01 per hour, including the wage rate multiplier; therefore, the estimated burden hour cost to these respondents is estimated to be $1,835,454.24 annually.

$36.99 (mean hourly wage rate) x 1.46 (wage rate multiplier) = $54.01 (fully-loaded wage rate).

Total annual costs to all respondents is $3,041,470.

13. Provide an estimate for the total annual cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

There are no record keeping, capital, start-up or maintenance costs associated with this information collection.

13. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

Annual Cost to the Federal Government

Item	Cost ($)
Contract Costs [see description in paragraph below] Company Name: Grove Street Description: Perform loan underwriting and loan closings.	$ 2,891,391
Staff Salaries* [30 of GS 15 , step 1 employees spending approximately 10% of time annually processing each form for this data collection] [Show calculations for this here. 1 (GS-15, Step 1) x $144,128.00 = $144,128.00 x 1.46 (wage rate multiplier) = $210,426.88 (fully-loaded) x .10 (10% of time spent) x 30 (# of employees) = $631,280.64.04] [7 of GS _14, step 1 employees spending approximately 10% of time annually processing each form for this data collection for this data collection] [Show calculations for this here. 1 (GS-14, Step 1) x $122,530.00 = $122,530.00 x 1.46 (wage rate multiplier) = $178,893.80 (fully-loaded) x .10 (10% of time spent) x 7 (# of employees) = $125,225.66] [11 of GS 13, step 5 employees spending approximately 15% of time annually processing each form for this data collection for this data collection] [Show calculations for this here. 1 (GS-13, Step 5) x $117,516.00 = $117,516.00 x 1.46 (wage rate multiplier) = $171,573.36 (fully-loaded) x .15 (15% of time spent) x 11 (# of employees) = $283,096.04] [53 of GS 12 , step 5 employees spending approximately 25% of time annually processing each form for this data collection] [Show calculations for this here. [Show calculations for this here. 1 (GS-12, Step 5) x $98,827.00 = $98,827.00 x 1.46 (wage rate multiplier) = $144,287.42 (fully-loaded) x .25 (25% of time spent) x 53 (# of employees) = $1,911,808.32 Total: 2,951,410.66]	$ 2,951,411
Facilities [cost for renting, overhead, etc. for data collection activity]	$0.00
Computer Hardware and Software [cost of equipment annual lifecycle]	$0.00
Equipment Maintenance [cost of annual maintenance/service agreements for equipment]	$0.00
Travel	$0.00
Printing [number of data collection instruments annually]	$0.00
Postage [annual number of data collection instruments x postage]	$0.00
Other	$0.00
Total	$ 5,842,802

                    *Note: The “Salary Rate” includes a 1.46 multiplier to reflect a fully-loaded wage rate.

All staff review electronic documents, and work in a virtual environment; therefore, there are no additional facilities, computer, maintenance, travel, printing, or postage costs necessary or included. Files are also stored electronically; therefore, additional filing and storage costs are also excluded.

Each year, in addition to its own Production staff, ORCF also utilizes contracted underwriters to assist in the review of the new underwriting applications and their related loan closing process. This contract costs HUD approximately $11,566 per transaction (including the underwriting and closing), with an average of 225 per year, and this cost includes the salaries, fees, and other expenses necessary for the contractor to complete the underwriting and loan closings transactions.

This is a revision of a currently approved collection, authorized by the Commissioner, with control, management, operations and oversight directed to the Office of Healthcare Programs. To further comply with the Paperwork Reduction Act, the entire collection is allowed for the electronic submission of all transactional documents, with the exception of thirteen (13) documents which will additionally require hard copy submission due to the legal nature of the documents and the necessity to have wet/ink signatures in HUD’s files (no costs to HUD). These documents that are to be in HUD’s files include the following:

1. Healthcare Regulatory Agreement – Borrower (HUD-92466-ORCF);

2. Healthcare Regulatory Agreement – Operator (HUD-92466A-ORCF);

3. Management Certification – Residential Care Facility (HUD-9839-ORCF);

4. Lender Certification (HUD-92434-ORCF);

5. Offsite Bond— Dual Obligee (HUD-92479-ORCF);

6. Performance Bond – Dual Obligee (HUD-92452-ORCF);

7. Payment Bond (HUD-92452A-ORCF);

8. Request for Endorsement (HUD-92455-ORCF);

9. Request for Final Endorsement (HUD-92023-ORCF);

10. Guide for Opinion for Mater Tenant’s Counsel (HUD-92335-ORCF);

11. Healthcare Regulatory Agreement—Master Tenant (HUD-92337-ORCF);

12. Guide for Opinion of Borrower’s Counsel (HUD-91725-ORCF); and

13. Guide for Opinion of Operator’s Counsel and Certification (HUD-92325-ORCF).

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

Adjustments were made to the estimated number of respondents based on feedback from the industry which account for the difference in the estimated total burden hours.

All forms have been updated with revised “Public reporting burden” and “Warning” language. Other minor revisions that were made are listed below. Form Revision Charts have been provided in the package. Please see the Forms Revision Charts for more details of the changes.

• Inserted ORCF specific data field “Long Term Reserve Escrow” on HUD-2205a-ORCF, “CMS # (if applicable)” on HUD-1044D-ORCF, HUD-2537-ORCF, HUD-2747-ORCF.

• Updated Privacy Act Statement language on the following forms: HUD-9002-ORCF, HUD-9004-ORCF, HUD-9005-ORCF, HUD-9005a-ORCF, HUD-9007-ORCF, HUD-9007a-ORCF, HUD-9009-ORCF, HUD-90010-ORCF, HUD-90011-ORCF, HUD-90012-ORCF, HUD-90013-ORCF, HUD-90014-ORCF, HUD-90015-ORCF, HUD-90016-ORCF, HUD-90017-ORCF, HUD-90018-ORCF, HUD-90021-ORCF, HUD-91112-ORCF, HUD-92417-ORCF, HUD-92266-ORCF, HUD-92266A-ORCF, HUD-92266B-ORCF, HUD-90030-ORCF

• Minor revisions made to clarify applicable civil rights and accessibility rules on the following forms: HUD-9001-ORCF, HUD-9002-ORCF, HUD-9004-ORCF, HUD-9005-ORCF, HUD-9005a-ORCF, HUD-9006-ORCF, HUD-9007-ORCF, HUD-9007a-ORCF, HUD-9009-ORCF, HUD-90011-ORCF, HUD-90013-ORCF, HUD-90014-ORCF, HUD-90015-ORCF, HUD-90016-ORCF, HUD-90017-ORCF, HUD-90018-ORCF, HUD-90021-ORCF

• Updated Certification language and added Electronic signature language on the following forms: HUD-1044-D-ORCF, HUD-2537-ORCF, HUD-2747-ORCF.

• Burden hours corrected on the following forms: HUD-91125-ORCF, HUD-941-ORCF, HUD-90022-ORCF.

• Updated form title on the following form: HUD-1044-D-ORCF.

• The following documents have been updated to include the implementation of the Section 232 Green Mortgage Insurance Premium as published in the Federal Register on May 19, 2022 (FR-6302-N-01): HUD–9001–ORCF, HUD–9002–ORCF, HUD–9003–ORCF, HUD–9004–ORCF, HUD–9005–ORCF, HUD–9005a–ORCF, HUD–9006–ORCF, HUD–9007–ORCF, HUD–9007a–ORCF, HUD–90013–ORCF, HUD–91124–ORCF, HUD–92466–ORCF, HUD–92467–ORCF, HUD–92464–ORCF, HUD–92476–ORCF.

15. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

This information collection will not be published for statistical purposes.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

HUD will display the expiration date for OMB approval of this information collection.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.

HUD does not request an exception to the certification of this information collection.

B. Collections of Information Employing Statistical Methods

There is no statistical methodology involved in this collection.

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