HUD Resumption of Multifamily Production and Asset Management Activities

person A.J. Johnson today 02/03/2019

The HUD Office of Multifamily Housing (MFH) issued two memorandums on February 1, 2019 outlining the departments plan for prioritizing the backlog of work from the shutdown. One memo deals with the resumption of multifamily production activities and the other with asset management activities.

Production Activities

HUD is prioritizing its production activities as follows:

  1. Identify and prioritize work on loans that have been issued a firm commitment and are in a position to reach initial or final endorsement, meaning the complete closing package was submitted prior to 12/21/18, with only minor corrections necessary to close. Priority will be given to loans that have critical external deadlines such as LIHTCs, rate lock extension fees, and purchase sales agreements with substantial penalties.
  2. Conduct an inventory of applications currently in process that were received prior to the shutdown. Applications that were submitted during the shutdown will be date stamped 1/28/19 (the end of the shutdown) and assigned to underwriters for future processing. These assignments should be made by 2/5/19.
  3. Process applications that were in process prior to the shutdown. HUD will begin with applications that are close to issuance of either a commitment or an invite letter as determined by the HUD Regional Office.
  4. Address applications that were in mid-process or received immediately prior to the shutdown.
  5. Applications that were submitted during the shutdown.

Lenders may continue to submit new applications for mortgage insurance. New concept meetings will not be scheduled until 2/19/19. Concept meetings already scheduled may be conducted at the discretion of the HUD field office.

Third party reports (appraisals, market studies, environmental reports and CNA submissions) whose expiration dates have lapsed pending submission of an application due to the shutdown may have the expiration waived at the discretion of the Regional Office.

For the foreseeable future, it is likely that lenders, borrowers, and other affected program participants will experience longer than normal application processing times.

HUD expects to issue another update on development processing timing in a few weeks.

Asset Management Activities

HUD asset management priorities are as follows:

  1. Work related to tenant health and safety, including contract renewals and subsidy payments. HUD is currently allocating new funding provided by the Continuing Resolution (CR) to support the renewal of expiring Section 8 Project Based Rental Assistance (PBRA), Section 202 and Section 811 contracts. Additional funding is now available for ongoing Section 8 PBRA contracts to ensure timely payments through April 1. There are some properties with expiring contracts whose renewals were not fully processed by February 1. If affected properties have HUD-controlled reserves, loans may be requested from the reserve accounts. Requests may be sent to the assigned incoming field email box and must include a completed HUD-9250, the current balance in the account, the withdrawal amount, and a statement certifying that released funds will be reimbursed to the reserve account once subsidy payments are received.
  2. Meeting critical external deadlines, such as servicing actions in connection with FHA closings, and property sales that require HAP Assignment processing or 2530 clearance. If your property is in this category, you should submit a request for HUD to prioritize your action via the assigned incoming field email box.
  3. Other requests such as standard reserve for replacement withdrawals will be processed in the order received.

Questions should be directed to assigned multifamily field offices as shown below. The HUD HQ contact is Brian Murray, Acting Director of the Office of Asset Management and Portfolio Oversight at Brian.A.Murray@HUD.gov or 202-402-2059.

Office                   Email

Atlanta                  Atl.incoming@HUD.gov

Baltimore               BAL.incoming@HUD.gov

Boston                  Bos.incoming@HUD.gov

Chicago                 Chi.incoming@HUD.gov

Detroit                  Det.incoming@HUD.gov

Denver                  Den.incoming@HUD.gov

Fort Worth             MFSoutwest@HUD.gov

Jacksonville           Jax.incoming@HUD.gov

Kansas City           MFSouthwest@HUD.gov

Minneapolis            Mn.incoming@HUD.gov

New York              NYC.incoming@HUD.gov

San Francisco         SF.incoming@HUD.gov

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Understanding Income Determination Methods in the HOME Program Final Regulation

Understanding Income Determination Methods in the HOME Program The new final HOME regulation maintains specific income targeting requirements that necessitate accurate income determination for participating families. This article outlines the various methods and requirements for determining annual income under the HOME program's final regulation, effective February 5, 2025. Federal and State Subsidized Housing Units For HOME-assisted rental units that receive Federal or State project-based rental subsidies, participating jurisdictions must defer to the existing income determination processes: The public housing agency's determination The owner's determination The rental subsidy provider's determination Tenant-Based Rental Assistance When families receive Federal tenant-based rental assistance (such as housing choice vouchers) and apply for or live in HOME-assisted rental units, participating jurisdictions can (but are not required to) accept the rental assistance provider's income determination. Standard Income Determination Methods Participating jurisdictions must follow specific procedures for calculating annual and adjusted income for all other cases. 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This comprehensive framework ensures consistent and accurate income determination across HOME program participants while providing flexibility to accommodate various housing assistance scenarios. Special Requirements for Small-Scale Rental Housing A small-scale rental project is a rental housing project comprising no more than four units. This includes single and scattered projects, as long as the total number of units does not exceed four. The definition is intended to provide flexibility and reduce administrative burdens for smaller rental housing developments while ensuring compliance with HOME program requirements. For small-scale housing, the final rule provides exceptions to the requirement for annual re-examinations of tenant income. Instead of annual re-examinations, tenant income must be re-examined according to the following schedule: Initial income determination must be conducted using source documents or a written statement from a government administrator. Triennial income re-examinations: Tenant income must be re-examined every three years during the affordability period. Sixth-year re-examination: A complete income re-examination using source documents must be conducted every sixth year of the affordability period. Additional re-examinations for projects with longer affordability periods: Year 9: For projects with a period of affordability greater than 5 years. Year 12: For projects with a period of affordability greater than 10 years. Year 15: For projects with a period of affordability of 20 years. Year 18: For projects with a period of affordability of 20 years. These exceptions aim to reduce the administrative burden on participating jurisdictions and owners while ensuring compliance with HOME program requirements.

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A. J. Johnson Partners with Mid-Atlantic AHMA for December Training on Affordable Housing - February 2025

In February 2025, A. J. Johnson will partner with the MidAtlantic Affordable Housing Management Association for four live webinar training sessions for real estate professionals, particularly those in the affordable multifamily housing field. The following sessions will be presented: February 11: Basic LIHTC Compliance - This training is designed primarily for site and investment asset managers responsible for site-related asset management. It is especially beneficial to those managers who are relatively inexperienced in the tax credit program. It covers all aspects of credit related to on-site management, including the applicant interview process, determining resident eligibility (income and student issues), handling recertification, setting rents - including a full review of utility allowance requirements - lease issues, and the importance of maintaining the property. The training includes problems and questions to ensure students fully comprehend the material. 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