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Supporting
Statement for Paperwork Reduction Act Submissions
HUD
Multifamily Rental Project Closing Documents
OMB
Control No.: 2502-0598
A.
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.
The
National Housing Act (12 U.S.C. 1701 et seq.) authorizes HUD to
require a Lease Addendum for a mortgaged property that is subject to
a ground lease.
Under
Title II of the National Housing Act, HUD is authorized to insure
mortgage loans upon certain multifamily rental housing projects and
health care facilities (nursing homes, extended care facilities,
board and care homes and hospitals). HUD is also authorized and
directed to make such rules
and regulations as
may be necessary to carry out the provisions of Title II. (See 12
USC 1715b). Generally, the mortgages are defined as those "commonly
given" in the various States; therefore, State and local law
govern virtually the entire mortgage insurance transaction from the
formation of the mortgagor entity to the making and securitization of
the loan to the construction of the project in accord with local law.
Consequently, prior to endorsement of a mortgage note for insurance
in connection with a multifamily rental facility, it is imperative
that HUD knows the precise legal status of the mortgagor entity and
of the realty and personality that will comprise the security
property.
HUD’s
regulations at 24 CFR 200.45 provide the regulatory authority for the
collection of all exhibits and documents in support of an application
for mortgage insurance. “Upon approval of an application for
insurance, a commitment shall be issued by the Commissioner setting
forth the terms and conditions upon which the mortgage will be
insured.”
HUD’s
regulation at 24 CFR 200.46 provides as follows: “Upon approval
of an application for insurance, a commitment shall be issued by the
Commissioner setting forth the terms and conditions upon which the
mortgage will be insured. The commitment term and any extension or
reopening of an expired commitment shall be in accordance with
standards established by the Commissioner.”
HUD’s
regulation at 24 CFR 200.50 provides as follows: “The mortgagor
and mortgagee must execute a building loan agreement approved by the
Commissioner that sets forth the terms and conditions under which
progress payments may be advanced during construction, before initial
endorsement of the mortgage for insurance.”
HUD’s
regulation at 24 CFR 200.51 provide that the mortgagee shall certify
to the Commissioner that it will conform with terms and conditions
established by the Commissioner for the mortgagee’s control of
project funds, and other incidental requirements established by HUD.
HUD’s
regulation at 24 CFR 200.52 provides as follows: “The form of
contract between the mortgagor and builder shall be as prescribed by
the Commissioner in accordance with terms and conditions established
by the Commissioner.”
HUD’s
regulation at 24 CFR 200.54 provides, in relevant part, as follows:
“Except as provided in paragraph (d) of this section, the
mortgagor shall deposit with the mortgagee cash deemed by the
Commissioner to be sufficient, when added to the proceeds of the
insured mortgage, to assure completion of the project and to pay the
initial service charge, carrying charges, and legal and
organizational expenses incident to the construction of the project.”
This requirement may be delegated to the Contractor when the
Borrower is not serving as the Contractor.
HUD’s
regulation at 24 CFR 200.61 provides, in relevant part, as follows:
“Title evidence for the Commissioner's examination shall
include a lender's title insurance policy, which title policy
provides survey coverage based on a survey acceptable to the title
company and the Commissioner; or as the Commissioner may otherwise
require, in accordance with terms, conditions and standards
established by the Commissioner.”
HUD’s
regulation at 24 CFR 200.100 provides as follows in paragraph (b):
“Final
endorsement. When
all advances of mortgage proceeds have been made and all the terms
and conditions of the commitment have been met to the Commissioner's
satisfaction the Commissioner shall indicate on the original credit
instrument the total of all advances approved for insurance and again
endorse such instrument.”
HUD’s
regulation at 24 CFR 200.105 provides as follows: “As long as
the Commissioner is the insurer or holder of the mortgage, the
Commissioner shall regulate the mortgagor by means of a regulatory
agreement providing terms, conditions and standards established by
the Commissioner, or by such other means as the Commissioner may
prescribe.”
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.
This
is a collection of Multifamily Housing FHA-insured Closing Documents.
HUD is adding eleven forms that will increase this collection to 47
HUD Forms. In this collection 14 of the existing documents have some
type of content change or deletion to conform to current guidance or
based upon comments received during the Paperwork Reduction Act 2018
comment period. The frequency of FHA-insured loan application
submissions will vary in proportion to the number of multifamily
housing rental closings in which a lender is involved. The frequency
is documented in item number 12. Generally, because of the high
dollar amount of a loan application and the complexity of a deal
(state and local laws factor into such closings), a lender will only
engage in one such loan closing during a one-year period. These
forms may not all be used in all loan closings. This is further
detailed in item number 12.
MF
Housing is adding to the collection eleven (11) forms in the spirit
of eliminating “sample” forms, included in the 2020 MAP
Guide, for PRA compliance. Once published, preparers should use
the OMB-approved form and discontinue use of the Closing Chapter’s
sample documents. The sample forms are not new. They were previously
used in the Federal Housing
Administration Multifamily Program Closing Guide, 4300.G. HUD will
assign form numbers after the approval of this collection.
Each
Form contains its own burden hours. Each Form that contained a
Warning Statement received the following updated language: Any
person who knowingly presents a false, fictitious, or fraudulent
statement or claim in a matter within the jurisdiction of the U.S.
Department of Housing and Urban Development is subject to criminal
penalties, civil liability, and administrative sanctions.
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Information
Collection
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Title/Purpose
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HUD-91070M
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Through
the Consolidated
Certification,
the Borrower assures and certifies to certain obligations that
have been fulfilled. Through the Consolidated Certification the
Borrower certifies the following authorities Byrd Amendment,
Fair Housing and Civil Rights Act of 1964, Low Income Housing
Tax Credit Participation, Equal Employment Opportunity, Credit
Authorization, and Identities of Interest. The undersigned
Borrower certifies that it is familiar with the provisions of
the National Housing Act and the regulations and Borrower has
complied with the requirements thereof. The information
collection requirements contained in Consolidated Certification
assist in overseeing the parties’ compliance with all
applicable legal requirements and therefore ensure protection of
the FHA insurance fund.
Content
Revision
The
Green MIP standards in Part IX of the Form were revised at the
request of Housing for consistency with Chapter 6, Energy and
Water Conservation, of the 2020 MAP Guide.
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HUD-91071M
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The
undersigned Borrower certifies that it is familiar with the
provisions of the Escrow
Agreement for Off-Site Facilities,
the Borrower deposits with the Lender a specified amount of
funds to guarantee payment for facilities lying outside of the
property lines of the land on which the project is built. The
Escrow guarantees against defects in the construction due to
faulty materials or workmanship, defective materials or damage
to the project resulting from such defects within one year after
completion of the Off-Site construction. The Escrow Agreement
provides directions on how the funds are to be deposited and
disbursed. This information is needed to ensure protection of
the FHA insurance fund.
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HUD-91073M
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The
HUD Survey
Instructions and Surveyor’s Report directs
how the survey is to be conducted and the information that is to
be reported. The instructions cover site grading plan
preparation, plot planning design, condo/air-rights, possible
flood hazards, and blanket easements. Per the Instructions, a
current Surveyor’s Report must be included with the survey
map(s)/plat(s) submitted to HUD. The Surveyor
Report requires
the Surveyor to address such items as rights of way, any water
running through the premises, electricity or electromagnetic
communications, disputed boundaries or encroachments, earth
moving work, building or possession lines, recent street or
sidewalk construction, flood hazards, and use of the property as
a solid waste dump or sanitary landfill. The information
collection contained in the HUD Survey Instructions and Report
assists HUD in determining if the property will have marketable
title, which is especially important if the Borrower defaults
and the property becomes held-by-HUD.
Content
Change or Deletion
Accepted
certain clarifications throughout as suggested by public
commenter from 2018.
Added
new item 6 Common
Elements, to
the instructions for consistency with Closing
Chapter 19
Section 19.4.7.6: “Common Elements: All common elements,
including common elements on adjacent parcels, must be depicted
and labeled on the survey, except as otherwise approved in
writing by HUD.”
Changed
timing from of survey fieldwork from 120 days of closing to “180
days for initial and initial/final closings:”
consistent with Chapter 19; added as an instruction to the
surveyor certification. Added instruction that the date of the
Plat or Map should be the date of the last revision.
Deleted
the “Owner’s
Representative Contact”
information line based on 2018 public comment.
Added
the following instruction to the Surveyor's Report to reduce
unnecessary subsequent revisions: “Please
note that “as shown on survey” or a similar response
is not acceptable.”
Based on 2018 public comment.
Added
clarification to item 5 of the Surveyor’s Report that
disputed boundaries and encroachments applies to boundary lines,
setbacks, and easements (and not just with property lines);
based on 2018 public comment to improve consistency among HUD
offices.
Expanded
flood hazard item 9 on Surveyor’s Report to read as
follows: “Flood Zone Classification(s) list with proper
annotation based on federal Flood Insurance Rate Maps or the
state or local equivalent:”; based on 2018 public comment
to improve consistency among HUD offices.
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HUD–91710M
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Residual
Receipts Note (Nonprofit Borrower) - The
Residual Receipts Note establishes the Principal and Interest of
Residual Receipts derived for the property insured by HUD that
is due by the Nonprofit Borrower and when such amount is due and
payable, and the manner and schedule of payments. The Residual
Receipts Note requires the Nonprofit Borrower to seek prior
approval from HUD for certain actions, for example, the sale,
transfer, assign, or pledge the note. The information collection
requirements contained in Residual Receipts Note are to oversee
the parties’ compliance with all applicable legal
requirements and therefore ensure protection of the FHA
insurance fund.
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HUD–91712M
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Residual
Receipts Note (Limited Dividend Borrower) -
The Residual Receipts Note establishes the Principal and
Interest of Residual Receipts derived for the property insured
by HUD that is due by the Limited Dividend Borrower and when
such amount is due and payable, and the manner and schedule of
payments. The Residual Receipts Note requires the Limited
Dividend Borrower to seek prior approval from HUD for certain
actions, for example, the sale, transfer, assign, or pledge the
note. The information collection requirements contained in the
Residual Receipts Note are to oversee the parties’
compliance with all applicable legal requirements and therefore
ensure protection of the FHA insurance fund.
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HUD–91725M
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Guide
to Opinion of Borrowers -
The Opinion is designed to provide HUD and the mortgagee with
assurance that the mortgagor or owner entity has been validly
formed, lawfully exists and that the security property and the
construction thereupon comply with appropriate local laws such
as building codes, zoning, etc. Further, the loan documents must
comport with local law and practice and only an attorney
licensed in the jurisdiction can complete such documents and
provide HUD with the requisite assurance. It would be an
enormous burden for HUD and the mortgagee, which often is a
national entity, to perform such a legal analysis of the
mortgagor or owner entity, the documents, and the transaction. A
form is designed to provide HUD the opinion.
Content
Change or Revision
Agreed
with 2018 public comment to remove listing of all Firm
Commitment amendments in the recitals.
Revised
Section III Opinion 4 in partial agreement with 2018 public
comment requesting greater clarity. Deleted “controlling”
and changed “hierarchy” to “structure.”
Disagreed with adding “pursuant to the Organizational
Documents” as that term means the Borrower’s
organizational documents, which is limiting and would defeat the
purpose of the changes to opinion 4 to ensure that all
authorizations (not just those in the Borrower’s
organizational documents) are necessary to give the opinion in
an unqualified manner have been provided.
Agreed
in part with a 2018 public comment regarding the need to
streamline the conflicts Section III Opinions 10-13. Removed
separate category of Supporting Documents. Going forward, the
conflicts opinions (10-13) will be limited to Primary Loan
Documents only. However, certain documents formerly included in
Supporting Documents (assurance of completion on and off-site,
latent defects assurance, on-site deposit escrow, and the
prevailing wage certificate) were added to the definition of
Primary Loan Documents, in order for HUD to be able to get an
opinion that these documents (as part of Primary Loan Documents)
would control in the event of a conflict with the documents
listed in items I.X through BB relating to secondary financing,
bonds, and LIHTC.
In
light of language in the HUD Rider to Restrictive Covenants
concerning conflicts between HUD requirements and LIHTC LURA
requirements that says the parties agree to work in good faith
to resolve conflicts, HUD proposes to add the following
qualification to Section III Opinion 11 concerning tax credit
financing.
To
the extent that any of the provisions of the LIHTC LURA are
inconsistent with any of the provisions of the Loan Documents or
Supporting Documents, HUD shall be and remains entitled to
enforce the HUD Requirements (as defined in the HUD Rider to the
LIHTC LURA); but, as provided by the HUD Rider to the LIHTC
LURA, in the event an apparent conflict between the HUD
Requirements and the Restrictive Covenant (as defined in the HUD
Rider to the LIHTC LURA) “…arises,
the parties and HUD will work in good faith to determine which
federally imposed requirement is controlling.”
HUD
clarified that “Public Entity Agreements” (Section
I. Item Y) include all agreements between the Borrower/project
and any public entity (not just State/local entities), except
that HUD agreements are excluded from this definition.
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HUD–91725M–CERT
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The
Opinion of
Borrower’s Counsel
is designed to provide HUD and the mortgagee with assurance that
the mortgagor or owner entity has been validly formed, lawfully
exists and that the security property and the construction
thereupon comply with appropriate local laws such as building
codes, zoning, etc. Further, the loan documents must comport
with local law and practice and only an attorney licensed in the
jurisdiction can complete such documents and provide HUD with
the requisite assurance. It would be an enormous burden for HUD
and the mortgagee, which often is a national entity, to perform
such a legal analysis of the mortgagor or owner entity, the
documents, and the transaction. A form is designed to provide
HUD the opinion.
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HUD–91725M–INST
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Instructions
to Guide for Opinion of Borrower’s Counsel
- The opinion is designed to provide HUD and the mortgagee with
assurance that the mortgagor or owner entity has been validly
formed, lawfully exists and that the security property and the
construction thereupon comply with appropriate local laws such
as building codes, zoning, etc. Further, the loan documents must
comport with local law and practice and only an attorney
licensed in the jurisdiction can complete such documents and
provide HUD with the requisite assurance. It would be an
enormous burden for HUD and the mortgagee, which often is a
national entity, to perform such a legal analysis of the
mortgagor or owner entity, the documents, and the transaction. A
form is designed to provide HUD the opinion.
The
accompanying instructions to the Guide assist Borrower’s
counsel (91725M-INST) ensures the legal opinion addresses all
required issues. Additionally, the instructions identify the
parties to whom the Borrower’s counsel must provide the
legal opinion and directs which documents must be attached to
the opinion.
Content
Addition or Revision
Added
supplemental opinions required in Chapter 19 Section 19.4.8 as
an additional example of situations when the Opinion can be
modified as approved by field counsel.
Revised
instruction relative to Section I. Item Y. that the definition
of Public Entity Agreement does not include agreements with HUD
(such as Section 8 HAP contracts and Section 202 Use
Agreements). Added tax abatement and tax deferral agreements
to be listed in this.
Made
a change in response to a 2018 public comment that Section I,
paragraph DD Zoning Certificate is not required when there is a
zoning endorsement to the title policy.
Revised
Section I.HH and Section I.II concerning survey timing for
consistency with Chapter 19 so that “the
field work or last inspection date must be no earlier than 180
days prior to closing for initial and initial/final closings,
and 120 days for final closings.”
Revised
the instructions relative to Section I.JJ. Assurance of Utility
Services to require utility letters and a title endorsement
(where available) for refinance projects with Level 2 or 3
repairs when additional or changes to utilities are needed to
support the repairs required by the HUD Firm Commitment, in
addition to new construction/substantial rehabilitation.
Revised
Section I.KK concerning the docket search, may not be performed
with 60 days of closing; previously had been 30 days.
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HUD–92023M
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The
Request for
Final Endorsement of Credit Instrument
meets the requirements of 24 CFR 200.100(b) and the form,
HUD-92023M requires the parties (Lender, Borrower, and
Contractor) to provide the information solicited by this form
which will reflect compliance with the terms and conditions of
final endorsement. The information collection requirements
contained in the Request for Final Endorsement of Credit
Instrument are to oversee the parties’ compliance with all
applicable legal requirements and therefore ensure protection of
the FHA insurance fund.
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HUD–92070M
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The
Lease Addendum
ensures that the mortgage property that is subject to a ground
lease does not conflict with statutory or regulatory
requirements to which the mortgaged property insured by HUD is
subject. The Lease Addendum establishes certain notification
requirements which landlord must adhere (e.g., notice of
default, including an itemization of the amounts of default;
notice of termination of the ground lease, execution of a new
ground lease, etc.) The information collection requirements
contained in Lease Addendum are to oversee the parties’
compliance with all applicable legal requirements and therefore
ensure protection of the FHA insurance fund.
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HUD–92223M
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The
Surplus Cash
Note
establishes the Principal and Interest of Surplus Cash derived
for the property insured by HUD. The Surplus Cash Note requires
the Maker of the Note to seek prior approval from HUD for
certain actions, for example, the sale, transfer, assign, or
pledge the note. The information collection requirements
contained in Surplus Cash Note are to oversee the parties’
compliance with all applicable legal requirements and therefore
ensure protection of the FHA insurance fund.
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HUD-92408M
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The
HUD Amendment
to AIA Document B108
contain terms and conditions that are unique to Federally Funded
or Federally Insured Projects, reflects current industry
practice, and provides greater transparency about services
provided by licensed professionals while still protecting HUD’s
interest. While the Agreement is structured so that either the
owner or the architect may provide construction cost estimates
to the government, for FHA purposes, only the owner can provide
cost estimates to FHA. This information is needed to ensure
protection of the FHA insurance fund.
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HUD–92412M
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Through
the Escrow
Agreement for Working Capital,
the Borrower deposits with the Lender a specified amount of
funds to guarantee payment of post-construction costs, such as
equipping and renting the rental project, taxes, ground rents,
property insurance premiums and assessments. The Escrow
Agreement provides directions on how the funds are to be
deposited and disbursed. This information is needed to ensure
protection of the FHA insurance fund.
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HUD–92414M
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Through
the Escrow
Agreement for Latent Defects,
the Borrower deposits with the Lender a specified amount of
funds to guarantee against defects in the construction due to
faulty materials or workmanship, defective materials or damage
to the project resulting from such defects within one year after
completion of the project. The Escrow Agreement specifies the
terms and conditions upon which escrowed funds may be drawn and
disbursed. The information collection requirements contained in
the Escrow Agreement for Latent Defects assists in overseeing
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
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HUD–92434M
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The
Lender’s
Certificate
establishes the conditions, which the Lender agrees to abide by
in consideration of HUD’s commitment to insure the
mortgage, and by which the Lender certifies that the conditions
have been fulfilled to date, including any work done prior to
endorsement of the Note that has been approved by HUD in
writing, and all HUD imposed conditions that have been met with
respect to such work. The information collection requirements
contained in the Lender’s Certificate are to oversee the
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
In
response to a 2018 public comment, revised Section C.4 to
clarify the Firm Commitment is not attached as an exhibit to the
Lender’s Certificate.
Agreed
with 2018 public comment to add the separate stand-alone
Lender’s Assurance of Permanent Financing to the Lender’s
Certificate to reduce the number of forms collected at closing.
This information has been added in new paragraphs at Sections
A.6 and D.8. This will require a change to the Firm Commitment
as the language of the assurance of permanent financing requires
an independent letter, which would no longer be provided. This
will also eliminate an item on the check list.
In
response to 2018 public comment, revised language in section
E.14 regarding required evidence of flood insurance at closing,
which typically takes the form of an insurance certificate
instead of a payment receipt.
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HUD–92441M
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The
Building Loan
Agreement identifies
the property on which the project is to be constructed and the
Borrower’s agreement to construct the project in
accordance with the terms and conditions of the agreement and to
provide the Lender with such information concerning progress of
construction and compliance with the terms and conditions of the
agreement, as provided in the agreement. The information
collection requirements contained in Building Loan Agreement are
to oversee the parties’ compliance with all applicable
legal requirements and therefore ensure protection of the FHA
insurance fund.
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HUD–92442M
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The
Construction
Contract sets
forth the terms and conditions between the Owner of the property
for which HUD has insured the mortgage and the Contractor
regarding the construction to be done on the property and sets
forth such disclosures to be made by the Owner and Contractor to
HUD so that HUD is assured of the parties’ compliance with
the terms and conditions of the Construction Contract. The
information collection requirements contained in the
Construction Contract are to oversee the parties’
compliance with all applicable legal requirements and therefore
ensure protection of the FHA insurance fund.
In
Article 1.C., changed “Contract” to “Contract
Documents” to ensure that none of the listed construction
contract documents can be revised without lender and HUD
approval, not just the HUD-92442M, consistent with the MAP
Guide.
Changed
heading of Article 15 to “Dispute Resolution”; added
“Section 15.3.3 of the General Conditions concerning
waiver of binding dispute resolution proceedings is hereby
stricken and of no force or effect” over concerns with
this provision in the new, 2017 AIA A201; added “The
Parties agree that the method of binding dispute resolution
shall be litigation in a court of competent jurisdiction”
to gain uniformity in implementation of the prohibition against
binding arbitration.
With
the input of Housing, made changes throughout to describe the
incentive payment more accurately in identity of interest cases
and otherwise revised the presentation of the different
incentive payment options.
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HUD–92450M
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The
Completion
Assurance Agreement
sets forth the terms and conditions by which the Contractor
assures the Borrower and Lender of the Contractor’s
compliance with its obligations under the Construction Contract.
The Completion Assurance Agreement provides certain notification
requirements so that HUD is assured of the parties’
compliance with the terms and conditions of the Completion
Assurance Agreement (e.g., disbursements can only be made
following prior written approval by HUD). The information
collection requirements contained in the Completion Assurance
Agreement are to oversee the parties’ compliance with all
applicable legal requirements and therefore ensure protection of
the FHA insurance fund.
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HUD–92452A–M
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The
Payment Bond
sets forth the
terms and conditions by which the Contractor and its Surety
assures proper payment of subcontractors and others working on
the construction of the project. The Payment Bond provides
certain notification requirements to the Lender and the Lender’s
written consent. The information collection requirements
contained in the Payment Bond are to oversee the parties’
compliance with all applicable legal requirements and therefore
ensure protection of the FHA insurance fund.
Internal
correction at the request of Housing for consistency with the
revised MAP Guide: changed section 8 concerning surety’s
waiver of notice of change orders, to state an exception that
sureties must be given notice of changes affecting extension of
time.
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HUD–92452M
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The
Performance
Bond sets
forth the terms and conditions by which the Contractor and its
Surety assures payment if the Contractor fails to perform its
obligations under the Construction Contract. The Performance
Bond provides certain notification requirements to HUD for
certain actions to be taken (for example an additional obligee
or additional surety is only allowed with prior HUD approval)
The information collection requirements contained in the
Performance Bond are to oversee the parties’ compliance
with all applicable legal requirements and therefore ensure
protection of the FHA insurance fund.
Added
references to successors and assigns in the first paragraph
definition of “Obligees” (only) as to Lender and
HUD. In section 6, add HUD’s successors and assigns
specifically to cover situations where HUD assigns its rights to
a third party, pursuant to a note sale, while construction is
still pending.
Revised
section 4 of the Additional
Surety Rider,
for consistency with Payment Bond:
4.
___________________________ (“Additional
Surety”)
is hereby added to the Performance Bond as an additional named
surety, and all
references in the Performance Bond to “Surety” shall
include the Additional Surety.
At
the request of Housing, revised section 8 concerning surety’s
waiver of notice of change orders, to state an exception that
sureties must be given notice of changes affecting extension of
time.
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HUD–92455M
|
The
Request for
Final Endorsement of Credit Instrument meets
the requirements of 24 CFR 200.100(b) and the form, HUD-92023M
requires the parties (Lender, Borrower, and Contractor) to
provide the information solicited by this form which will
reflect compliance with the terms and conditions of final
endorsement. The information collection requirements contained
in the Request for Final Endorsement of Credit Instrument are to
oversee the parties’ compliance with all applicable legal
requirements and therefore ensure protection of the FHA
insurance fund.
In
response to 2018 public comment, revised language in Section
1.A.10 regarding required evidence of flood insurance at
closing, which typically takes the form of an insurance
certificate instead of a payment receipt.
In
response to a 2018 public comment, revised Section I.B.5 to
clarify that the Firm Commitment is not attached to the Lender
Certification of the 92455M.
In
response to a 2018 public comment, add language in sections
I.A.1 and I.C.2.(j) and (k) to provide space for lenders to
insert information from the separate stand-alone Lender’s
Assurance of Permanent Financing to the Lender’s
Certificate to reduce the number of forms collected at closing.
This will require a change to the Firm Commitment as the
language of the assurance of permanent financing requires an
independent letter, which would no longer be provided. This
will also eliminate an item on the check list.
Added
new certification (14) to the Borrower Certification [Section II
Certificate of Borrower] regarding assurance of utility services
to a project, which for certain projects with Level 2 or 3
repair work will also require letters of assurance from the
utility providers. This will alleviate the need for Borrowers
to provide utility bills at closing while ensuring adequate
utilities are provided to the project when such repair work
impacts utilities. The Instructions to Opinion of Borrower’s
Counsel (91725M-INST) have been revised to accordingly, and to
require the title policy endorsement for Level 2 or 3 refinances
in states where it is available.
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HUD–92456M
|
The
Escrow
Agreement for Incomplete Construction
sets forth the terms and conditions between the Borrower and
Lender and provides for the establishment of an escrow by the
Borrower as security for completion of those improvements
required by the Building Loan Agreement, which the Borrower has
not yet completed, and as an inducement to the Lender to advance
the entire approved amount of the Loan prior to completion of
the improvements. Such escrow also serves as security for HUD’s
insurance of the loan. The agreement provides for prior
approval of HUD for certain actions to be taken by the Borrower
or Lender. The information collection requirements contained in
Escrow Agreement for Incomplete Construction are to oversee the
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
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HUD–92464M
|
Through
the Request for
Approval of Advance of Escrow Funds,
the Borrower identifies the project for which the advance is
requested including the advance number, date of escrow
agreement, payment amount requested. The information required
of the Borrower by this form assists in ensuring protection of
the FHA insurance fund.
|
HUD–92466M
|
Regulatory
Agreement for Multifamily Projects
- The Regulatory Agreement establishes the legal rights and
duties of HUD and the Borrower with respect to HUD’s
agreement to insure the mortgage of the Borrower for the
multifamily rental housing. The agreements provide HUD with the
authority to take action against the borrower, including
termination of insurance, for violation of the terms of the
Regulatory Agreement. The Regulatory Agreement also requires
the Borrower and management agents to maintain the books and
records of finances and operation in accordance with GAAP and to
be available to HUD for inspection upon reasonable notice. The
Regulatory Agreement also requires the Borrower to furnish to
HUD and the Lender a financial audit within 90 days at the end
of each fiscal year. The information collection requirements
contained in the Regulatory Agreement are to oversee the
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
Revised
Section III Financial Management paragraph 10.d. to clarify that
a defaulted loan need not be accelerated before HUD can direct
use of a project’s reserve for replacement toward the
outstanding indebtedness or other project-related purpose.
Revised
Section III Financial Management paragraph 18 (Annual Financial
Statements) in coordination with the DEC to describe borrower’s
financial reporting obligations more accurately.
Revised
Section III Financial Management paragraph 26 for concerning the
National Housing Act’s prohibition against hotel/transient
housing for greater consistency with the statute and regulation
at 24 CFR § 203.16.
Removed
Section III Financial Management paragraph 33 (Prohibition on
Certain Fees) and paragraph 34 (Security Deposits and Other
Fees) and insert “Reserved” as Housing decided to
not dictate limitations on tenant charges for market rate
projects, and instead defer to state law and the market.
However, for insured projects with other HUD assistance (such as
Section 8 HAP contracts), the other HUD assistance programs will
continue to govern acceptable tenant charges.
Added
a new Section VIII Miscellaneous paragraph 40.c to make it an
obligation of the borrower to provide post-closing deliverables
required by the Firm Commitment or Program Obligations, this
would include LIHTC LURAs not executed and recorded until after
initial/final closing in a 223(f) with expanded post-closing
work, as well as evidence of termination of equity bridge loans
that mature after closing.
|
HUD–92476.M
|
Through
the Agreement
of Sponsor to Furnish Additional Funds,
the Sponsor identifies the project for which the funds are being
set aside, the amount of funds being set aside, and the
depository institution in which the funds will be deposited.
This information is needed to ensure protection of the FHA
insurance fund.
|
HUD–92476a–M
|
Through
the Escrow
Agreement for Operating Deficits
identifies the project for which the funds are being set aside,
the amount of funds being set aside, and the depository
institution in which the funds will be deposited. This
information is needed to ensure protection of the FHA insurance
fund.
|
HUD–92476.1M
|
The
Escrow
Agreement for Non-Critical, Deferred Repairs
sets forth the terms and conditions between the Borrower and
Lender and provides for the establishment of an escrow by the
Borrower as security for completion of non-critical, deferred
repairs. Such escrow also serves as security for HUD’s
insurance of the loan. The agreement provides for prior
approval of HUD for certain actions to be taken by the Borrower
or Lender. The information collection requirements contained in
Escrow Agreement for Non-Critical, Deferred Repairs are to
oversee the parties’ compliance with all applicable legal
requirements and therefore ensure protection of the FHA
insurance fund.
No
substantive changes but a large number of edits and
clarifications were made to improve the document from the 2018
version.
|
HUD–92477M
|
Through
the Bond
Guaranteeing Sponsors’ Performance,
the Sponsor and its Surety identify the project for which the
bond is issued, and the amount of funds deposited. This
information required by this form helps to ensure protection of
the FHA insurance fund.
|
HUD–92478M
|
The
Borrower’s
Oath ensures
that the Borrower will comply with two key sections of the
National Housing Act that govern rental property for which HUD
insures the mortgage. Through the Borrower’s Oath, the
Borrower agrees not to sell the mortgaged property without
approval from HUD. The information collection requirements
contained in the Borrower’s Oath helps to ensure the
protection of the FHA insurance fund.
Made
the following technical correction: revised section 1
concerning the section 513 hotel prohibition to incorporate by
reference the defined term, “Rental
for Transient or Hotel Purposes”
that is now set out in the revised Regulatory Agreement and made
for greater consistency with the statute and applicable
regulation. This term was previously not defined in the
Borrower’s Oath.
|
HUD–92479M
|
The
Off-Site Bond
sets the terms and conditions by which the Contractor and its
Surety commit to proper installation of and proper payment for
the work involved in completing all off-site facilities and/or
utilities associated with the project. The information provided
by this document helps to ensure protection of the FHA insurance
fund.
|
HUD–92554M
|
Construction
Contract Supplementary Conditions
- The Construction Contract sets forth the terms and conditions
between the Owner of the property for which HUD has insured the
mortgage and the Contractor regarding the construction to be
done on the property and sets forth such disclosures to be made
by the Owner and Contractor to HUD so that HUD is assured of the
parties’ compliance with the terms and conditions of the
Construction Contract. The Supplement to the Construction
Contract requires the Contractor to submit weekly for each week
in which any contract work is performed a copy of all payrolls
to HUD or its designee if the agency is a party to the Contract.
The information collection requirements contained in the
Supplement to the Construction Contract are to oversee the
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
OGC
Administrative Law consulted with the Dept. of Labor Office of
the Solicitor and determined that the Supplementary Conditions
should be updated by taking out the reference to the specific
$10 per day amount of liquidated damages for Contract
Work Hours and Safety Standards Act
(CWHSSA) violation in paragraph I.C.3.
|
HUD–93305M
|
Through
the Agreement
and Certification,
the Borrower certifies to certain obligations under the
Construction Contact having been fulfilled. Through the
Agreement and Certification, the Borrower identifies the
individuals and companies with which the Borrower has a
financial relationship. Through the Agreement and
Certification, the Borrower agrees to maintain certain records
and to make the records available to HUD upon request and to
notify HUD in writing about any changes in the financial
relationships identified in the Agreement and Certification. The
information collection requirements contained in Agreement and
Certification assist in overseeing the parties’ compliance
with all applicable legal requirements and therefore ensure
protection of the FHA insurance fund.
|
HUD–94000M
|
The
Assignment of
Leases and Rents
requires the Borrower to represent and warrant that the Borrower
is lawfully seized of the mortgaged property and has the right,
power, and authority to mortgage, grant, convey and assign the
mortgaged property, and that the mortgaged property is
unencumbered. The document provides for the Borrower to
absolutely and unconditionally assign and transfer all rents to
the Lender in consideration of the Borrower’s indebtedness
to the Lender. The document also requires the Borrower to pay
to and deposit with the Lender, such sums and documents as may
be necessary to further secure the indebtedness. The
information collection requirements contained in this document
are to oversee the parties’ compliance with all applicable
legal requirements and therefore ensure protection of the FHA
insurance fund.
|
HUD–94001M
|
The
Note
establishes the monetary indebtedness of the Borrower and the
various items that constitute such indebtedness (e.g.,
principal, interest and such other amounts as may be due, the
schedule of payments and where payments are to be directed. The
information collection requirements contained in Note ensure the
protection of the FHA insurance fund.
|
HUD-92907M
|
The
Subordination
Agreement- Private
is an entirely new form. This new form is largely modeled after
the Subordination Agreement, HUD-92420M, which will become the
form used with public secondary financing lenders. This new
form
establishes
the obligations of the Borrower and the Senior Mortgagee with
respect to the Borrower obtaining a subordinate loan. The
Subordination Agreement also requires the Borrower to notify the
Senior Mortgagee and HUD concerning certain actions that the
Borrower may take. The information collection requirements
contained in the Subordination Agreement are to oversee the
parties’ compliance with all applicable legal requirements
and therefore ensure protection of the FHA insurance fund.
Content
Change or Deletion
[Deleted
“according to Program Obligations” in paragraph 10
Modification of Senior Loan Documents […; Assets]
concerning automatic resubordination of mortgage debt for
refinancing. Housing’s policy is to require automatic
resubordination of subordinate debt from private sources for all
refinancing, regardless if FHA-insured or not.]
|
HUD-92908M
|
This
Residual
Receipts Note
form is a combination of form HUD-91710M, Residual Receipts Note
(Nonprofit Borrowers) (NP) and form HUD-91712M, Residual
Receipts Note (Limited Dividend Borrowers) (LD). The new form
merges the 2 existing forms because Housing does not underwrite
NP or LD owners differently for new transactions and so there is
no longer an FHA-driven basis for residual receipts accounts.
However, the existing forms will continue to be made available
for existing projects. The Residual Receipts Note establishes
the Principal and Interest of Residual Receipts derived for the
property insured by HUD that is due by the Borrower and when
such amount is due and payable, and the manner and schedule of
payments. The Residual Receipts Note requires the Borrower to
seek prior approval from HUD for certain actions, for example,
the sale, transfer, assign, or pledge the note. The information
collection requirements contained in Residual Receipts Note are
to oversee the parties’ compliance with all applicable
legal requirements and therefore ensure protection of the FHA
insurance fund.
|
9xxxM
|
Borrower’s
Organizational Document Provisions. This
document requires language to be inserted into the FHA
Multifamily borrower entity’s governing documents
submitted to HUD as risk mitigation for HUD as insurer of the
borrower’s mortgage financing. Certain key features are
the requirements that the borrower be a single-asset entity
requirement, HUD loan documents prevail in event of conflict
with borrower’s organizational documents, future
modification of the borrower’s organizational documents
are void without HUD approval, and the duration of the borrower
entity’s existence. This document is used in all
Multifamily program closings.
|
9xxxM
|
Building
Code Verification – Multifamily.
This document is used in final closings after the completion of
construction. It is given by a local unit of government with
jurisdiction over the building codes applicable to the project
to assure that it is built in accordance with the applicable
codes at the time of construction and has no code violations on
record.
|
9xxxM
|
Certification
of Architectural/Engineering Fees – Multifamily.
This document is used in initial closings to establish that all
architectural, engineering, drafting, land surveyor, testing,
laboratory and related services fees and fee balances for the
analysis of the property, preparation of reports, and for the
project design and preparation of plans and specifications have
been fully paid, except as specifically listed.
|
9xxxM
|
Equity
Bridge Loan Rider – LIHTC Multifamily.
This document is used in both initial and initial/final
closings to ensure compliance with MAP Guide Chapter 14
requirements for equity bridge loans used as a substitute for
deferred tax credit equity pay-in as approved by HUD in the Firm
Commitment. It is attached to the EBL documents executed by the
FHA borrower and the EBL lender.
|
9xxxM
|
Rider
to Regulatory Agreement for Residual Receipts.
This document is executed by the FHA borrower and used for loan
closing with projects subject to residual receipts requirements
established through a Section 8 HAP contract. The document
amends the Regulatory Agreement provisions related to Surplus
Cash and Distributions.
|
9xxxM
|
Rider to Regulatory Agreement –
Section 213 Cooperatives. This
document is executed by the FHA borrower and is used for initial
closings on Section 213 cooperative loans to amend the
Regulatory Agreement to implement specific HUD requirements
unique to cooperatives, such as the general operative reserve
account and monthly carrying charges.
|
9xxxM
|
Rider
to Security Instrument – Fee Joinder. This
document is used in all closing types where the borrower does
not hold either the requisite fee simple or leasehold interest
to qualify the project for eligibility under the National
Housing Act. The document is executed by a local unit of
government/fee simple owner to subject their interest to the
project mortgage to gain statutory eligibility.
|
9xxxM
|
Rider
to Security Instrument – LIHTC Projects.
This document is used for all transactions with Low Income
Housing Tax Credits where the tax credit investor seeks to amend
the Security Instrument between the FHA lender and borrower in
order to have the authority to remove itself from the ownership
structure, to have HUD pre-approval to replace the borrower’s
managing member or general partner in order to protect the
investor’s interests, and to receive any notice of
defaults under the Security Instrument.
|
9xxxM
|
Rider/Amendment
to Restrictive Covenants – Multifamily.
This document is used for all transactions where the project is
subject to recorded use restrictions, typically related to
affordability. The document amends the terms of the
restrictions to ensure compliance with the HUD loan documents,
statute, regulations, and program requirements. As compared to
the version published in the 2020 MAP Guide Chapter 19, this
version includes alternative options for instances where the
restrictions are superior to the HUD loan documents in terms of
recording priority as is permitted by HUD in certain, limited
situations.
|
9xxxM
|
Survey
Affidavit of No Change - Multifamily.
This document is executed by the borrower in 223(a)(7)
refinance transactions in lieu of a survey and Surveyor’s
Report in HUD-91073M when certain conditions set out in Chapter
19 are met.
|
9xxxM
|
Third
Party Obligee Certification.
This document is used when the FHA lender, bond issuer or bond
underwriter exercises the option to defer collection of
discounts, financing fees, etc., as approved in writing by HUD.
Such deferred collection of these items must be an obligation of
a third party and may not be an obligation of the Borrower.
|
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.
On
April 10, 2023, President Biden signed H.J. Res.7 which terminated
the national emergency related to the COVID-19 pandemic. Accordingly,
the name of this collection is being changed from “COVID19 HUD
Contingency Plan for HUD Multifamily Rental Project Closing
Documents” to “Electronic Closing and Continued First
Lien Priority Certificates for FHA-Insured Commercial Mortgage
Transactions.”
Under
Title II of the National Housing Act, HUD is authorized to insure
mortgage loans upon certain multifamily rental housing projects and
health care facilities (nursing homes, extended care facilities,
board and care homes and hospitals). HUD is also authorized and
directed to make such rules and regulations as may be necessary to
carry out the provisions of Title II. (See 12 USC 1715b).
Generally, the mortgages are defined as those "classes of first
liens as are commonly given" in the various States; therefore,
State and local law govern virtually the entire mortgage insurance
transaction from the formation of the mortgagor entity to the making
and securitization of the loan to the construction of the project in
accord with local law. Consequently, prior to endorsement of a
mortgage note for insurance in connection with a commercial mortgage
transaction, it is imperative that HUD knows the precise legal status
of the mortgagor entity and of the realty and personality that will
comprise the security property.
The
Government Paperwork Elimination Act (GPEA), 44 U.S.C. 3504 note, and
the Electronic Signatures in Global and National Commerce Act
(ESIGN), 15 U.S.C. 7001, et seq., encourage federal agency acceptance
of e-signatures. The laws establish criteria for valid e-signatures,
along the following lines: Intent to sign, consent to do business
electronically, association of the signature with the record,
attribution to the person signing, and a record of the digital
transactions.
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.
There
is no duplication of information. These documents are standard
documents in multifamily housing closings.
5. 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.
The
collection of this information will not impact small businesses or
other small entities. This document reduces burden by requiring use
of these documents for all the various multifamily rental housing
projects, except for healthcare facilities, and not requiring these
documents to be individually tailored for the transaction.
6. 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.
FHA
insurance would not be available to the borrower, and therefore the
multifamily housing transaction, likely would not proceed. In this
economy, the availability of an FHA insured mortgage is often the
factor that helps to maintain the availability of affordable
multifamily rental housing. Additionally, HUD must protect the FHA
insurance fund, which these multifamily closing documents, along with
others is designed to do, by establishing the legal rights and
obligations of the parties to the multifamily housing closing
transaction.
Also, HUD and the
mortgagee would be performing duplicative legal work and would expend
considerably greater time and resources than the borrower's or
owner's counsel, who would be conducting the due diligence analysis
as a matter of course in representing the client.
Explain
any special circumstances that would cause an information collection
to be conducted in a manner:
requiring
respondents to report information to the agency more than quarterly
- There
are no special circumstances surrounding this collection of
information.
requiring
respondents to prepare a written response to a collection of
information in fewer than 30 days after receipt of it - There
are no special circumstances surrounding this collection of
information.
requiring
respondents to submit more than an original and two copies of any
document - There
are no special circumstances surrounding this collection of
information.
requiring
respondents to retain records other than health, medical, government
contract, grant-in-aid, or tax records for more than three years -
While the
information collection does not explicitly require the retention of
records for more than three years, in addition to the fact that the
documents in the collection are mostly certifications and agreements
that could possibly be considered government contracts, to the
extent the information collection implicitly requires the retention
of the documents for more than three years. It is because HUD is
insuring mortgage loans pursuant to the National Housing Act (12 USC
1701 et. seq.) for a period of up to forty years. Such
long-term financing requires the Security Instrument, Note,
Regulatory Agreement, and other documents in the collection to be
enforceable by HUD and between the program participants (lenders and
borrowers) for the same term authorized by statute.
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 - There
are no special circumstances surrounding this collection of
information.
requiring
the use of a statistical data classification that has not been
reviewed and approved by OMB - There
are no special circumstances surrounding this collection of
information.
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 - There
are no special circumstances surrounding this collection of
information.
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
- There are no
special circumstances surrounding this collection of information.
8. 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 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
preclude consultation in a specific situation. These circumstances
should be explained.
In
accordance with 5CFR 1320.8(d), this information collection
soliciting public comments was announced in the Federal
Register on August
13, 2021, Volume
86,
No. 154,
Pages 44741.
(1) Comments received.
.
9. Explain
any decision to provide any payment or gift to respondents, other
than remuneration of contractors or grantees.
No
gifts or payments are provided other than the provision of FHA
insured loan, and the payment of insurance claim for a validly
submitted claim.
10. Describe
any assurance of confidentiality provided to respondents and the
basis for assurance in statute, regulation, or agency policy.
These
documents contain no personally identifying information subject to
privacy requirements. HUD
treats maintaining the confidentiality of all personal information
collected concerning FHA projects, borrowers, owners, and entities as
confidential and information is not to be released to unauthorized
clients. A Privacy Threshold Analysis is approved and on file.
11. 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.
No
questions of a sensitive nature are included in this request.
12. 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 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; and 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.
The
burden on each respondent will vary in proportion to the number of
multifamily housing rental closings in which the respondent is
involved. Generally, because of the high dollar amount of the
transaction and the complexity of the transaction (state and local
laws factor into such closings), a respondent will only engage in one
such transaction during a one-year period.
The
‘burden hours per response’ is based on the time it takes
to read and complete each form in preparation for closing. ‘Annual
burden hours’ are based on the number of times the form was
completed in preparation for closing (‘responses per annum’)
multiplied by the amount of time it takes to complete each form.
‘Responses per annum’ varies across forms because not
every form is used at every closing that takes place. Use of the
form is dependent on the Section of the Act being followed at the
time of closing (i.e., Section 221(d)(4), Section 223(f), Section
223(a)(7)). The number of respondent increase is based on the number
of closings held in Fiscal Year 2020.
The
‘hourly cost’ is an estimate based on an average annual
salary of $75,000 for developers and mortgagees (loan underwriters).
This is a 1.19% increase from 2016. The average hourly cost
increases from $26.00 to $35.00 from 2018 to 2021. Any variance in
salary is adjusted by the national inflation rate of 4% from 2018 to
2021. Internet search data resource:
https://www.in2013dollars.com/us/inflation/2018?amount=1.
|
Number
of Respondents
|
Frequency
of Response
|
Responses
per annum
|
Burden
hours per response
|
Annual
burden hours
|
Hourly
Cost
|
Total
Annual Cost ($)
|
HUD-91710M
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
$35.00
|
$1,750.00
|
HUD-91712M
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
35.00
|
$1,750.00
|
HUD-92023M
|
164.00
|
1.00
|
164.00
|
1.00
|
164.00
|
35.00
|
$5,740.00
|
HUD-92070M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
35.00
|
$10,955.00
|
HUD-92223M
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
35.00
|
$3,500.00
|
HUD-92412M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-92414M
|
2,379.00
|
1.00
|
969.00
|
0.50
|
484.50
|
35.00
|
$41,632.50
|
HUD-92450M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-92452A-M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-92452M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-92455M
|
602.00
|
1.00
|
602.00
|
0.75
|
451.50
|
35.00
|
$15,802.50
|
HUD-92456M
|
164.00
|
1.00
|
164.00
|
0.50
|
82.00
|
35.00
|
$2,870.00
|
HUD-91073M
|
2,379.00
|
1.00
|
969.00
|
8.00
|
969.00
|
35.00
|
$33.915.00
|
HUD-92464M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
48.00
|
$9,744.00
|
HUD-92476.1M
|
602.00
|
1.00
|
602.00
|
0.50
|
301.00
|
35.00
|
$10,535.00
|
HUD-92476a-M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
35.00
|
$10,955.00
|
HUD-92477M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-92478M
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
35.00
|
$14,087.50
|
HUD-92479M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
35.00
|
$3,552.50
|
HUD-91725M
|
2,379.00
|
1.00
|
969.00
|
2.00
|
1,938.00
|
130.00
|
$618,540.00
|
HUD-91725M-CERT
|
2,379.00
|
1.00
|
969.00
|
2.00
|
1,938.00
|
48.00
|
$228,384.00
|
HUD-91725M-INST
|
2,379.00
|
1.00
|
969.00
|
1.00
|
969.00
|
48.00
|
$114,192.00
|
HUD-92434M
|
203.00
|
1.00
|
203.00
|
0.75
|
152.25
|
35.00
|
$5,328.75
|
HUD-92441M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
35.00
|
$7,105.00
|
HUD-92442M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
60.00
|
$12,180.00
|
HUD-92466M
|
805.00
|
1.00
|
805.00
|
0.75
|
603.75
|
60.00
|
$36,225.00
|
HUD-92554M
|
203.00
|
1.00
|
203.00
|
0.20
|
40.60
|
35.00
|
$1,421.00
|
HUD-94000M
|
2,379.00
|
1.00
|
969.00
|
0.75
|
726.75
|
35.00
|
$62,448.75
|
HUD-94001M
|
2,379.00
|
1.00
|
969.00
|
1.00
|
969.00
|
35.00
|
$83,265.00
|
HUD-93305M
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
35.00
|
$14,087.50
|
HUD-92476M
|
50.00
|
1.00
|
50.00
|
0.50
|
25.00
|
35.00
|
$875.00
|
HUD-92408M
|
203.00
|
1.00
|
203.00
|
2.00
|
406.00
|
107.00
|
$43,442.00
|
HUD-91070M
|
2,379.00
|
1.00
|
2,379.00
|
0.50
|
1,189.50
|
37.00
|
40,011.50
|
HUD-91071M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
35.00
|
$10,955.00
|
HUD-92907M
|
403.00
|
1.00
|
403.00
|
0.50
|
201.50
|
35.00
|
$7,052.50
|
HUD-92908M
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
35.00
|
$3,500.00
|
Borrower's
Org Doc Provisions
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
35.00
|
$14,087.50
|
Building
Code Verification
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
35.00
|
$14,087.50
|
Certification
of Architectural-Engineering Fees
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
35.00
|
$14,087.50
|
Equity
Bridge Loan Rider – LIHTC
|
303.00
|
1.00
|
303.00
|
0.50
|
151.50
|
35.00
|
$5,302.50
|
Rider
to Regulatory Agreement - Residual Receipts
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
35.00
|
$1,750.00
|
Rider
to Regulatory Agreement - Section 213
|
14.00
|
1.00
|
14.00
|
0.50
|
7.00
|
35.00
|
$245.00
|
Rider
to Security Instrument - Fee Joinder
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
35.00
|
$10,955.00
|
Rider
to Security Instrument - LIHTC Projects
|
303.00
|
1.00
|
303.00
|
0.50
|
151.50
|
35.00
|
$5,302.50
|
Rider-Amendment
to Restrictive Covenants
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
35.00
|
$3,500.00
|
Survey
Affidavit of No Change
|
2,379.00
|
1.00
|
2379.00
|
0.50
|
1189.50
|
35.00
|
$41,632.50
|
Third
Party Obligee Certification
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
35.00
|
$3,500.00
|
Totals
|
34,886
|
|
34,886
|
|
18,143
|
|
$1,588,014
|
13. Provide
an estimate of 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).
The
cost estimate should be split into two components: (a) a total
capital and start-up cost component (annualized over its expected
useful life); and (b) a total operation and maintenance purchase of
services component. The estimates should take into account costs
associated with generating, maintaining, and disclosing or providing
the information. Include descriptions of methods used to estimate
major cost factors including system and technology acquisition,
expected useful life of capital equipment, the discount rate(s) and
the time period over which costs will be incurred. Capital and
start-up costs include, among other items, preparations for
collecting information such as purchasing computers and software;
monitoring, sampling, drilling and testing equipment; and record
storage facilities;
If
cost estimates are expected to vary widely, agencies should present
ranges of cost burdens and explain the reasons for the variance.
The cost of purchasing or contracting out information collection
services should be a part of this cost burden estimate. In
developing cost burden estimates, agencies may consult with a sample
of respondents (fewer than 10) utilize the 60-day pre-OMB submission
public comment process and use existing economic or regulatory
impact analysis associated with the rulemaking containing the
information collection, as appropriate.
generally,
estimates should not include purchases of equipment or services, or
portions thereof made: (1) prior to October 1, 1995, (2) to achieve
regulatory compliance with requirements not associated with the
information collection, (3) for reasons other than to provide
information or keep records for the government, or (4) as part of
customary and usual business or private practices.
There
are no capital or start-up costs. There are no cost burdens to
respondents for operation and maintenance.
14. Provide
estimates of annualized cost 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 also may aggregate cost estimates from Items
12, 13, and 14 in a single table.
All
MF Closing documents are reviewed by an attorney in one of HUD’s
Field Offices. The attorneys range from GS-12s to GS-14s. The GS-13
pay grade is used as an average. The time it takes to review each
document corresponds to the time that it takes for the respondent to
complete the form. The burden hours per response is 1.0 hour. Per
the following website, the hourly rate of a GS-13 Step 5 attorney is
$56.31 (rounded to $56):
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/21Tables/html/DCB_h.aspx.
Based
on an hourly rate of $56, the annual labor cost will be approximately
$1,600,835.60
for the review of all closing documents under all Sections of the
Act.
|
Number
of Respondents
|
Frequency
of Response
|
Responses
per annum
|
Burden
hours per response
|
Annual
burden hours
|
Hourly
Cost
|
Total
Annual Cost ($)
|
HUD-91710M
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
56.00
|
2,800.00
|
HUD-91712M
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
56.00
|
2,800.00
|
HUD-92023M
|
164.00
|
1.00
|
164.00
|
1.00
|
164.00
|
56.00
|
9,184.00
|
HUD-92070M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
56.00
|
17,528.00
|
HUD-92223M
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
56.00
|
5,600.00
|
HUD-92412M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-92414M
|
2,379.00
|
1.00
|
2,379.00
|
0.50
|
484.50
|
56.00
|
66,612.00
|
HUD-92450M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-92452A-M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-92452M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-92455M
|
602.00
|
1.00
|
602.00
|
0.75
|
451.50
|
56.00
|
25,284.00
|
HUD-92456M
|
164.00
|
1.00
|
164.00
|
0.50
|
82.00
|
56.00
|
4,592.00
|
HUD-91073M
|
2,379.00
|
1.00
|
2,379.00
|
0.50
|
1,189.50
|
56.00
|
66,612.00
|
HUD-92464M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
56.00
|
11,368.00
|
HUD-92476.1M
|
602.00
|
1.00
|
602.00
|
0.50
|
301.00
|
56.00
|
16,856.00
|
HUD-92476a-M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
56.00
|
17,528.00
|
HUD-92477M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-92478M
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
56.00
|
22,540.00
|
HUD-92479M
|
203.00
|
1.00
|
203.00
|
0.50
|
101.50
|
56.00
|
5,684.00
|
HUD-91725M
|
2,379.00
|
1.00
|
2,379.00
|
2.00
|
4,758.00
|
56.00
|
266,448.00
|
HUD-91725M-CERT
|
2,379.00
|
1.00
|
2,379.00
|
2.00
|
4,758.00
|
56.00
|
266,448.00
|
HUD-91725M-INST
|
2,379.00
|
1.00
|
2,379.00
|
1.00
|
2,379.00
|
56.00
|
133,224.00
|
HUD-92434M
|
203.00
|
1.00
|
203.00
|
0.75
|
152.25
|
56.00
|
8,526.00
|
HUD-92441M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
56.00
|
11,368.00
|
HUD-92442M
|
203.00
|
1.00
|
203.00
|
1.00
|
203.00
|
56.00
|
11,368.00
|
HUD-92466M
|
805.00
|
1.00
|
805.00
|
0.75
|
603.75
|
56.00
|
33,810.00
|
HUD-92554M
|
203.00
|
1.00
|
203.00
|
0.20
|
40.60
|
56.00
|
2,273.60
|
HUD-94000M
|
2,379.00
|
1.00
|
2,379.00
|
0.75
|
1,784.25
|
56.00
|
99,918.00
|
HUD-94001M
|
2,379.00
|
1.00
|
2,379.00
|
1.00
|
2,379.00
|
56.00
|
133,224.00
|
HUD-93305M
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
56.00
|
22,540.00
|
HUD-92476M
|
50.00
|
1.00
|
50.00
|
0.50
|
25.00
|
56.00
|
1,400.00
|
HUD-92408M
|
203.00
|
1.00
|
203.00
|
2.00
|
406.00
|
56.00
|
22,736.00
|
HUD-91070M
|
2,379.00
|
1.00
|
2,379.00
|
0.50
|
1,189.50
|
56.00
|
66,612.00
|
HUD-91071M
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
56.00
|
17,528.00
|
HUD-92907M
|
403.00
|
1.00
|
403.00
|
0.50
|
201.50
|
56.00
|
11,284.00
|
HUD-92908M
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
56.00
|
5,600.00
|
Borrower's
Org Doc Provisions
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
56.00
|
22,540.00
|
Building
Code Verification
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
56.00
|
22,540.00
|
Certification
of Architectural-Engineering Fees
|
805.00
|
1.00
|
805.00
|
0.50
|
402.50
|
56.00
|
22,540.00
|
Equity
Bridge Loan Rider – LIHTC
|
303.00
|
1.00
|
303.00
|
0.50
|
151.50
|
56.00
|
8,484.00
|
Rider
to Regulatory Agreement - Residual Receipts
|
100.00
|
1.00
|
100.00
|
0.50
|
50.00
|
56.00
|
2,800.00
|
Rider
to Regulatory Agreement - Section 213
|
14.00
|
1.00
|
14.00
|
0.50
|
7.00
|
56.00
|
392.00
|
Rider
to Security Instrument - Fee Joinder
|
626.00
|
1.00
|
626.00
|
0.50
|
313.00
|
56.00
|
17,528.00
|
Rider
to Security Instrument - LIHTC Projects
|
303.00
|
1.00
|
303.00
|
0.50
|
151.50
|
56.00
|
8,484.00
|
Rider-Amendment
to Restrictive Covenants
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
56.00
|
5,600.00
|
Survey
Affidavit of No Change
|
2,379.00
|
1.00
|
2379.00
|
0.50
|
1189.50
|
56.00
|
66,612.00
|
Third
Party Obligee Certification
|
200.00
|
1.00
|
200.00
|
0.50
|
100.00
|
56.00
|
5,600.00
|
Totals
|
|
|
34,886
|
|
28,586.35
|
|
$1,600,835.60
|
15. Explain
the reasons for any program changes or adjustments reported in Items
13 and 14 of the OMB Form 83-I.
Reinstatement,
with change, of previously approved collection for which approval has
expired.
16. For
collection 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.
The
information will not be published.
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.
There
is no request to not display the expiration date.
18. Explain
each exception to the certification statement identified in item 19.
There
are no exceptions to the certification statement identified in item
19.
B.
Collections of Information Employing Statistical Methods
This
collection will not employ statistical methods.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Paperwork Reduction Act Submission |
Author | HUDWARE II |
File Modified | 0000-00-00 |
File Created | 2024-10-31 |