(3) Initiation of negotiations. The HTF rent plus utilities of a very low-income tenant shall not exceed 30 percent of the income of a family whose annual income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for the number of bedrooms in the unit. (5) Records concerning other Federal requirements. (a) This part implements the Housing Trust Fund (HTF) program established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended (12 U.S.C. If you located a great foreclosed HUD home deal near you, be sure to first get pre-qualified before attempting to purchase the property - this is . The HTF allocation plan of an HTF subgrantee that is a State agency is included in the grantee's HTF allocation plan. (c) Provisions in written agreements. The manufactured homes covered by this standard must comply with requirements of the U.S. Department of Housing and Urban Development's (HUD) MHCSS Program, as set forth in 24 CFR part 3280, Manufactured Home Construction and Safety Standards, and 24 CFR part 3282, Manufactured Home Procedural and Enforcement Regulations, as well as with, upon . Staff and overhead costs of the grantee directly related to carrying out the project, such as work specifications preparation, loan processing, inspections, lead-based paint evaluations (visual assessments, inspections, and risk assessments), other services related to assisting potential owners, tenants and homebuyers (e.g., housing counseling); and staff and overhead costs directly related to providing advisory and other relocation services to persons displaced by the project, including timely written notices to occupants, referrals to comparable and suitable replacement property, property inspections, counseling, and other assistance necessary to minimize hardship. Fish and Wildlife Service. Subgrantee means a unit of general local government or State agency selected by the grantee to administer all or a portion of its HTF program. (vi) Other program requirements. See 93.404(d) for the grantee's ongoing responsibilities for onsite inspections and financial oversight. (f) Indirect costs. This resource assists Participating Jurisdictions (PJs) in understanding the requirements and documentation related to property standards for: new construction, rehabilitation, acquisition, manufactured housing, ongoing property condition standards, and Tenant-Based Rental Assistance (TBRA) program activities. (4) Do not exclude an applicant with a voucher under the Section 8 Tenant-Based Assistance: Housing Choice Voucher program (24 CFR part 982) or an applicant participating in a HOME tenant-based rental assistance program (24 CFR part 92) because of the status of the prospective tenant as a holder of such voucher or comparable HOME tenant-based assistance document. Applicability of minimum property standards. (b) Underwriting and subsidy layering. An HTF subgrantee that is a unit of general local government must have a consolidated plan under 24 CFR part 91, and the written agreement must require that an HTF allocation plan to be part of the subgrantee's consolidated plan (see 24 CFR 91.220(l)(5)). 1701u). (2) In lieu of the limits provided by HUD, the grantee may determine 95 percent of the median area purchase price for single family housing in the jurisdiction annually, as follows: The grantee must set forth the price for different types of single family housing for the jurisdiction. All new manufactured housing and all manufactured housing that replaces an existing substandard unit under the definition of reconstruction must be on a permanent foundation that meets the requirements for foundation systems as set forth in 24 CFR 203.43f(c)(i). 6501 et seq.) A limitation or preference does not violate nondiscrimination requirements if the housing also receives funding from a Federal program that limits eligibility to a particular segment of the population (e.g., the Housing Opportunity for Persons With AIDS program under 24 CFR part 574), and the limit or preference is tailored to serve that segment of the population. HOME-assisted new construction projects must meet State or local residential and building codes, as applicable or, in the absence of a State or local building code, the International Residential Code or International Building Code (as applicable to the type of housing) of the International Code Council. The housing must meet the accessibility requirements of 24 CFR part 8, which implements section 504 of the Rehabilitation Act of 1973 (29 U.S.C. standards that the National Housing Act was enacted in 1934. (B) The cost of installing the infrastructure would result in a fundamental alteration in the nature of its program or activity or in an undue financial burden. The incorporation by reference of these standards has been approved by the Director of the Federal Register. (h) Construction undertaken before the HTF funds are committed to the project. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. Program income must be treated as HTF funds and must be used in accordance with the requirements of this part. PART 3285MODEL MANUFACTURED HOME INSTALLATION STANDARDS - eCFR (2) Inspections. In the absence of existing applicable State or local code requirements and ordinances, at a minimum, the participating jurisdiction's ongoing property standards must include all inspectable items and inspectable areas specified by HUD based on the HUD physical inspection procedures (Uniform Physical Condition Standards (UPCS)) prescribed by HUD pursuant to 24 CFR 5.705. The agreement must state if program income is to be remitted to the grantee or to be retained by the subgrantee for additional HTF eligible activities. The agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the grantee in meeting its recordkeeping and reporting requirements. Very low-income family also includes any family that resides in a nonmetropolitan area that does not exceed the poverty line applicable to the family size involved. (2) Appropriate advisory services, including reasonable advance written notice of: (i) The date and approximate duration of the temporary relocation; (ii) The location of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (iii) The terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling in the building/complex upon completion of the project; and. (1) The HTF local account includes deposits of HTF funds disbursed from the HTF Treasury account, any program income, and any repayments as required by 93.403. (ii) HUD does not subsequently reverse the determination. (3) Inspections. (2) For the HTF program, the covered housing provider, as this term is used in HUD's regulations in 24 CFR part 5, subpart L, refers to: (i) The owner of HTF-assisted rental housing for the purposes of 24 CFR 5.2005(d)(1), (2), (3), and (4) and 5.2009(a); and. The agreement must describe the use of the HTF funds for the project, including the tasks to be performed, a schedule for completing the tasks and project (including the expenditure deadline), and a project budget. (iii) Provide forms of assistance, such as down payments, closing costs, or interest rate buydowns for purchasers. The grantee must adopt a more frequent inspection schedule for properties that have been found to have health and safety violations. (4) The affordability restrictions shall be revived according to the original terms if, during the original affordability period, the owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the project or property. (xi) Duration of the agreement. (2) HUD and the Comptroller General of the United States, and any of their representatives, have the right of access to any pertinent books, documents, papers, or other records of the grantee, subgrantees, and recipients, to make audits, examinations, excerpts, and transcripts. (6) Pay for any cost that is not eligible under 93.201 and 93.202. The MPS has been included in numerous HUD programs and has been a significant factor in the development of national model building codes and their subsequent adoption by thousands of local . A project that does not meet the requirements for affordable housing must be terminated and the grantee must repay the HTF funds to the grantee's HTF account. Single family housing means a one-to four-family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. citations and headings (2) Funds drawn from the HTF Treasury account are subject to the Intergovernmental Cooperation Act (31 U.S.C. (viii) Requests for disbursement of funds. Reasonable costs of overall program management, coordination, monitoring, and evaluation. These standards preempt State and local codes which are not identical to the federal standards for the new construction of manufactured housing. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Additional HTF funds may not be used if the mortgage in default was funded with HTF funds. Single family housing does not require a Phase I ESA. (1) HTF funds may be used to assist homebuyers through lease-purchase programs for existing housing and for housing to be constructed. The agreement must require the subgrantee to comply with the requirements applicable to the grantee under this part. (ii) The onsite inspections must occur 12 months after project completion and at least once every 3 years thereafter during the period of affordability. The housing must be modest housing, in accordance with 93.305. (b) Resale or recapture requirements. HUD will establish the minimum deficiencies that must be corrected under the grantee's rehabilitation standards based on inspectable items and inspected areas from HUD-prescribed physical inspection procedures (Uniform Physical Conditions Standards) pursuant to 24 CFR 5.705. November 17, 2015. Elevated and floodproofed buildings must adhere to National Flood Insurance Program standards. 42). All rehabilitation that is performed using HTF funds must meet the requirements of this paragraph (b). Life-threatening health and safety deficiencies must be corrected immediately, in accordance with 93.301. Otherwise, an owner who accepts the tenant's statement and certification in accordance with 93.151(a)(1)(iii) is not required to examine the income of tenants, unless there is evidence that the tenant's written statement failed to completely and accurately state information about the family's size or income. (1) General. The owner may dispose of this personal property in accordance with State law; (3) Excusing owner from responsibility. Must have adequate access to attic spaces and . The agreement between the grantee and the subgrantee must include: (i) Use of the HTF funds. In addition, a project that has been committed in the system for 12 months without an initial disbursement of funds may be canceled by the system. (b) Rehabilitation projects. 7 that the Property Acceptability Criteria have been met. As an alternative to charging the cost to the HTF program under 93.201, the grantee may charge the cost to the HTF program under 93.302 as a reasonable administrative cost of its HTF program, so that the additional HTF funds for the housing are not subject to the maximum per-unit subsidy amount. (e) Period of applicability. (iii) If HTF funds are used for housing for first-time homebuyers, the procedures used for establishing 95 percent of the median purchase price for the area in accordance with 93.305, as set forth in the consolidated plan. This provision does not apply to an employee or agent of the recipient who occupies a housing unit as the project manager or maintenance worker. In addition, during the period of affordability, records for rental projects demonstrating compliance with the property standards, and financial reviews and actions pursuant to 93.404(a). (d) Optional relocation assistance. The agreement must specify the reporting requirements (including copies of financial statements) to enable the grantee to determine the financial condition (and continued financial viability) of the rental project. HUD awards nearly $6.9 million to Missouri to fight youth homelessness. If the recipient is undertaking a rental project, the agreement must establish the initial rents and the procedures for rent increases, the number of HTF units, the size of the HTF units, the designation of the HTF units as fixed or floating, and the requirement to provide the address (e.g., street address and apartment number) of each HTF unit no later than the time of project completion. 24 CFR 92.251 - Property standards. | Electronic Code of Federal According to the U.S. Department of Housing and Urban Development (HUD), the FHA requires that the properties financed with its loan products meet the following minimum standards: Safety: The home . The net proceeds are the sales price minus loan repayment (other than HTF funds) and closing costs. This includes any HTF assistance that reduced the purchase price from fair market value to an affordable price, but excludes the amount between the cost of producing the unit and the market value of the property (i.e., the development subsidy). (4) The grantee must determine whether or not ownership or membership in a cooperative or mutual housing project constitutes homeownership under State law; however, if the cooperative or mutual housing project receives low income housing tax credits, the ownership or membership does not constitute homeownership. At minimum, the guidelines must demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. The grantee must undertake ongoing property inspections, in accordance with 93.404. (1) To preserve the affordability of housing that was previously assisted with HTF funds and subject to the requirements of this section, a grantee may use additional HTF funds to acquire the housing through a purchase option, right of first refusal, or other preemptive right before foreclosure, or to acquire the housing at the foreclosure sale, undertake any necessary rehabilitation, and provide assistance to another first-time homebuyer. (v) A description of how the grantee will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met. (B) A wetland means those areas that are inundated by surface or ground water with a frequency sufficient to support, and under normal circumstances, does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. (2) HUD requirements. This definition is independent of the definition of jurisdictional wetland used by the U. S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. (a) If HUD finds after reasonable notice and opportunity for hearing that a grantee has substantially failed to comply with any provision of this part, and until HUD is satisfied that there is no longer any such failure to comply: (1) HUD shall reduce the funds in the grantee's HTF account by the amount of any expenditures that were not in accordance with the requirements of this part or require the grantee to repay to HUD any amount of the HTF grant that was not used in accordance with the requirements of this part; and. (2) If the unit receives Federal or State project-based rental subsidy, and the tenant pays as a contribution toward rent not more than 30 percent of the tenant's adjusted income, the maximum rent is the rent allowable under the Federal or State project-based rental subsidy program. The agreement must set forth all obligations the grantee imposes on the recipient in order to meet the VAWA requirements under 93.356, including notice obligations and obligations under the emergency transfer plan.
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