Unified Agenda


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Subtitles A and B

[Docket No. FR-4756-N-01]

Semiannual Agenda of Regulations

AGENCY:

Department of Housing and Urban Development.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

In accordance with section 4(b) of Executive Order 12866, "Regulatory Planning and Review," as amended, HUD is publishing its agenda of regulations already issued or that are expected to be issued over the next several months, and currently effective rules that are under review. The agenda also describes regulations that may affect small entities as required by section 602 of the Regulatory Flexibility Act. The purpose of publication of the agenda is to encourage more effective public participation in the regulatory process by providing the public with early information about pending regulatory activities.

FOR FURTHER INFORMATION CONTACT:

Aaron Santa Anna, Assistant General Counsel for Regulations, Office of General Counsel, Department of Housing and Urban Development, Room 10276, 451 Seventh Street SW., Washington, DC 20410, (202) 708-3055. (This is not a toll-free number.) A telecommunications device for hearing- and speech-impaired individuals (TTY) is available at 1-800-877-8339 (Federal Information Relay Service).

SUPPLEMENTARY INFORMATION:

Executive Order 12866, "Regulatory Planning and Review" (58 FR 51735), as amended by Executive Order 13258 (67 FR 9385), requires each agency to publish semiannually an agenda of (1) regulations that the agency has issued or expects to issue, and (2) currently effective regulations that are under agency review. The Regulatory Flexibility Act (5 U.S.C. 601-612) requires each agency to publish semiannually a regulatory agenda of rules expected to be proposed or promulgated that are likely to have a significant economic impact on a substantial number of "small entities," meaning small businesses, small organizations, or small governmental jurisdictions.

Executive Order 12866, as amended, and the Regulatory Flexibility Act each permit incorporation of the agenda required by these two authorities with any other prescribed agenda. Therefore, the agenda set out below combines the information required by Executive Order 12866, as amended, and the Regulatory Flexibility Act. In addition, the agenda contains certain information not required by either the Executive Order or by the Regulatory Flexibility Act which the Department considers useful, both better to inform the public and to enhance the Department's own inventory control over its body of regulations.

Section 610(c) of the Regulatory Flexibility Act requires each agency to publish annually a list of the rules that have a significant economic impact on a substantial number of small entities, and that are to be reviewed in accordance with the requirements of section 610 during the succeeding 12 months. Existing regulations that HUD proposes to amend by rules described and published in this agenda are reviewed in accordance with the principles of section 610 of the Regulatory Flexibility Act. The purpose of the review is to determine whether the rule should be continued without change, amended or rescinded. Proposed changes to existing regulations provide the opportunity for the Department to conduct a section 610 review.

The Department also is subject to certain rulemaking requirements set forth in the Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.). Section 7(o) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(o)) requires that the Secretary transmit to the congressional committees having jurisdictional oversight of HUD (the Senate Committee on Banking, Housing and Urban Affairs and the House Committee on Banking and Financial Services) a semiannual agenda of all rules or regulations which are under development or review by the Department. A rule appearing on the agenda cannot be published for comment before or during the first 15 calendar days after transmittal of the agenda. Section 7(o) provides that if, within that period, either committee notifies the Secretary that it intends to review any rule or regulation which appears on the agenda, the Secretary must submit to both committees a copy of the rule or regulation, in the form it is intended to be proposed, at least 15 calendar days before it is published for comment. The semiannual agenda published today is the agenda transmitted to the committees in compliance with this requirement.

HUD has attempted to list in this agenda all regulations and regulatory reviews pending at the time of publication, except for minor and routine or repetitive actions, but some may have been inadvertently omitted, or may have arisen too late to be included in the published agenda. There is no legal significance to the omission of an item from the agenda. Also, where dates are provided for the next rulemaking actions, the dates are estimates and are not commitments to act on or by the date shown.

In some cases HUD has withdrawn rules that were placed on previous agendas and for which there has been no publication activity. Withdrawal of a rule does not necessarily mean that HUD will not proceed with the rulemaking. Withdrawal allows the HUD Administration to further assess the subject matter and determine whether rulemaking for this subject matter is appropriate. Following this review, the Department may determine that certain rules listed as withdrawn under this agenda are appropriate. If that determination is made, the rules will be included in a succeeding semiannual agenda.

In addition, for a few rules that have been published as a proposed or interim rule, and therefore require further rulemaking, HUD has identified the timing of the next action stage as "undetermined." These are rules that are still under review by the HUD Administration and for which a determination of the next action stage and timing of the next action stage has not yet been made.

The format of the agenda remains unchanged from previous years. HUD's agenda items are divided first by program office. Within each program office, the agenda items are divided into five groups: (i) pre-rulemaking actions, (ii) publication or other implementations of notices of proposed rulemaking, (iii) publication or other implementations of final rules, (iv) long-term actions, and (v) completed actions. Within each grouping, rules are listed in chronological order by the part number of the CFR affected. Where a rule affects multiple parts of the CFR, the rule is listed by the first affected part number.

Since the purpose of publication of the agenda is to encourage more effective public participation in the regulatory process by providing the public with early information about the Department's future regulatory actions, HUD invites all interested members of the public to comment on the rules listed in the agenda.

Dated:

April 9, 2002.

Alphonso Jackson, Deputy Secretary.

Office of the Secretary—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
937 24 CFR 5.603 Exclusion of Veterans' Disability Benefits from Income (FR-4746)2501-AC86
938 24 CFR 17 Administrative Wage Garnishment (FR-4711)2501-AC85
939 24 CFR 24 Common Rule on Suspension and Debarments (FR-4692)2501-AC81
940 24 CFR 203 Single Family Mortgage Insurance; Treble Damages for Failure to Engage in Loss Mitigation Activities (FR-4553)2501-AC66
941 24 CFR 58 Environmental Review Procedures for Entities Assuming HUD's Environmental Responsibilities (FR-4523)2501-AC83

Office of the Secretary—Final Rule Stage
Sequence Number Title Regulation Identification Number
942 24 CFR 1 Rule To Conform Regulatory Definitions Civil Rights Restoration Act (FR-4587)2501-AC70
943 24 CFR 5 Temporary Assistance to Needy Families (TANF); Conforming Changes to Annual Income Requirements for HUD's Public Housing and Section 8 Assistance Programs (FR-4635)2501-AC77
944 24 CFR 5 Uniform Financial Reporting Standards for HUD Housing Programs, Additional Entity Filing Requirements (FR-4681)2501-AC80
945 24 CFR 92 HOME Investment Partnerships Program — Amendments (FR-4111)2501-AC30
946 24 CFR 888 Fair Market Rents for the Section 8 Tenant-Based Rental Housing and Homeownership Programs; Higher Fair Market Rents for Certain FMR Areas (FR-4606)2501-AC75

Office of the Secretary—Long-Term Actions
Sequence Number Title Regulation Identification Number
947 24 CFR 5 Electronic Document Retention and Consumer Disclosure Requirements in HUD-Related Transactions (FR-4686)2501-AC79
948 24 CFR 28 Adjustment of HUD's Civil Money Penalties Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (FR-4555)2501-AC67
949 24 CFR 40 Accessibility Standards for Design, Construction and Alteration of Certain Facilities Financed with Public Funds (FR-4317)2501-AC47
950 24 CFR 81 The Secretary of HUD's Regulation of Fannie Mae and Freddie Mac; Prohibiting the Purchase of Certain Loans With High Costs and/or Predatory Features (FR-4614)2501-AC76
951 24 CFR 84 Adoption of Revisions to OMB Circular A-110 (FR-4573)2501-AC68

Office of the Secretary—Completed Actions
Sequence Number Title Regulation Identification Number
952 24 CFR 30 Amendments to HUD's Civil Money Penalty Regulations (FR-4399)2501-AC56

Office of the Secretary—Discontinued Entries
Regulation Identification Number Title Date Withdrawn Comments
2501-AC33 24 CFR 55 Floodplain Management and Protection of Wetlands (FR-4142)03/05/2002Withdrawn
2501-AC62 24 CFR 91 Consolidated Plan Amendments; Needs of Public Housing and Treatment of Troubled PHAs (FR-4518)03/05/2002Withdrawn
2501-AC71 24 CFR 92 Home Investment Partnerships Program: Grandfamilies (FR-4599)03/05/2002Withdrawn

Office of Housing—Prerule Stage
Sequence Number Title Regulation Identification Number
953 24 CFR 200.208 FHA Appraiser Watch Initiative (FR-4744)2502-AH81

Office of Housing—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
954 24 CFR ch II Sale of Unoccupied and Substandard HUD-Held Housing to Local Governments and Community Development Organizations (FR-4658)2502-AH61
955 24 CFR 202 Revisions to FHA Credit Watch/Termination Initiative (FR-4625)2502-AH60
956 24 CFR 203 Upfront Mortgage Insurance Premiums: Remittance Requirements (FR-4690)2502-AH67
957 24 CFR 203 Prohibition of Predatory Lending Practices: Limit on FHA Single Family Loan Fees (FR-4700)2502-AH70
958 24 CFR 203.18 Limitation of FHA-Insured Loans to Nonprofit Agencies (FR-4702)2502-AH71
959 24 CFR 203 Amendments to the Section 203(k) Rehabilitation Loan Insurance Program (FR-4701)2502-AH73
960 24 CFR 203.60 FHA Inspector Roster (FR-4720)2502-AH76
961 24 CFR 203 Lender Accountability for Appraisals (FR-4722)2502-AH78
962 24 CFR 203.50 Up-Front Mortgage Insurance Premiums for Loans Insured Under 24 CFR 203(k) and 234(c) (FR-4749)2502-AH82
963 24 CFR 203.49 Eligibility of Adjustable Rate Mortgages (ARMs) (FR-4745)2502-AH84
964 24 CFR 207, 255 Agreements for Using FHA's Total Mortgage Scorecard (FR-4717)2502-AH75
965 24 CFR 234 FHA Approval of Condominium Developments Located in the Commonwealth of Puerto Rico for Mortgage Insurance Under the Section 234(c) Program (FR-4713)2502-AH80
966 24 CFR 236 Section 236 Excess Rental Charges (FR-4689)2502-AH68
967 24 CFR 245 Tenant Participation in State-Financed, HUD-Assisted Housing Developments (FR-4611)2502-AH55
968 24 CFR 291 Disposition of HUD-Owned Single Family Assets in Revitalization Areas (FR-4471)2502-AH40
969 24 CFR 291, subpart F Disposition of HUD-Acquired Single Family Property; Officer/Teacher Next Door Sales Programs (FR-4712)2502-AH72
970 24 CFR 880 Special Rent Adjustments (FR-4721)2502-AH77
971 24 CFR 891 Mixed Finance Development for Supportive Housing for the Elderly and Persons with Disabilities (FR-4725)2502-AH83
972 24 CFR 3280 Implementation of Manufactured Housing Improvement Act of 2000 (FR-4665)2502-AH62
973 24 CFR 3500 et seq RESPA - Improving the Process for Obtaining Mortgages (FR-4727)2502-AH85

Office of Housing—Final Rule Stage
Sequence Number Title Regulation Identification Number
974 24 CFR 200 Delegation of Insuring Authority to Direct Endorsement Mortgagees (FR-4169)2502-AG87
975 24 CFR 203 Nonprofit Organization Participation in Certain FHA Single Family Activities; Placement and Removal Procedures (FR-4585)2502-AH49
976 24 CFR 200 Appraiser Qualifications for Placement on FHA Single Family Appraiser Roster (FR-4620)2502-AH59
977 24 CFR 203 Single Family Mortgage Insurance; Section 203(k) Consultant Placement and Removal Procedures (FR-4592)2502-AH51
978 24 CFR 203 Prohibition of Property Flipping in HUD's Single Family Mortgage Insurance Programs (FR-4615)2502-AH57
979 24 CFR 206 Insurance for Mortgages To Refinance Existing HECMs (FR-4667)2502-AH63
980 24 CFR 207 Mortgage Insurance Premiums in Multifamily Housing Programs (FR-4679)2502-AH64
981 24 CFR 402 Renewal of Expiring Section 8 Project-Based Assistance Contract (FR-4551)2502-AH47
982 24 CFR 880 Distributions to Nonprofit Owners of Certain HUD-Assisted Multifamily Rental Projects (FR-4602)2502-AH52
983 24 CFR 3280 Manufactured Home Construction and Safety Standards (FR-4376)2502-AH23

Office of Housing—Long-Term Actions
Sequence Number Title Regulation Identification Number
984 24 CFR 242 Mortgage Insurance for the Refinancing of Existing Debt of Existing Hospitals (FR-4618)2502-AH58
985 24 CFR 401 Release of Information to Tenants and Other Parties Pursuant to MAHRA (FR-4531)2502-AH45
986 24 CFR 401 Mark-to-Market Program Amendments (FR-4751)2502-AH86
987 24 CFR 891 Supportive Housing for the Elderly and Persons With Disabilities; Duration of Capital Advance (FR-4466)2502-AH36

Office of Housing—Completed Actions
Sequence Number Title Regulation Identification Number
988 24 CFR 3280 Manufactured Homes Construction and Safety Standards: Smoke Alarms (FR-4552)2502-AH48

Office of Housing—Discontinued Entries
Regulation Identification Number Title Date Withdrawn Comments
2502-AH35 24 CFR 236 Rehabilitation Grants for Certain Multifamily Projects (FR-4465)03/05/2002Withdrawn
2502-AH65 24 CFR 891 Prepayment and Refinancing of Section 202 Loans (FR-4678)03/05/2002Withdrawn
2502-AH69 FHA Accelerated Claim Disposition Demonstration Program (FR-4691)03/11/2002Withdrawn

Office of Community Planning and Development—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
989 24 CFR 570 CDBG Brownfields/Slum/Blight (FR-4699)2506-AC12
990 24 CFR 574 Housing Opportunities for Persons with AIDS (HOPWA) (FR-4708)2506-AC11
991 24 CFR 583 Supportive Housing Program (FR-4616)2506-AC07

Office of Community Planning and Development—Final Rule Stage
Sequence Number Title Regulation Identification Number
992 24 CFR 570 CDBG Program for States; Community Revitalization Strategy Requirements and Miscellaneous Technical Amendments (FR-4081)2506-AB83
993 24 CFR 570 Community Development Block Grant - Assisted Demolition of HUD-Owned Housing Units (FR-4698)2506-AC10
994 24 CFR 583 Supportive Housing Program—Increasing Operating Cost Percentage (FR-4576)2506-AC05
995 24 CFR 598 Designation of Renewal Communities and Third Round Empowerment Zones (FR-4663)2506-AC09

Office of Community Planning and Development—Long-Term Actions
Sequence Number Title Regulation Identification Number
996 24 CFR 570 Prohibition on Use of CDBG Assistance for Job-Pirating Activities (FR-4556)2506-AC04

Office of Fair Housing and Equal Opportunity—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
997 24 CFR 100 Fair Housing Act Regulation; Conforming Amendment; Update To Reflect Current Edition of American National Standards Institute (ANSI) (FR-4554)2529-AA88
998 24 CFR 115 Certification and Funding of State and Local Fair Housing Enforcement Agencies (FR-4748)2529-AA90

Office of Fair Housing and Equal Opportunity—Long-Term Actions
Sequence Number Title Regulation Identification Number
999 24 CFR 100 Fair Housing Act Regulations Amendments: Standards Governing Sexual Harassment (FR-4597)2529-AA89
1000 24 CFR 135 Economic Opportunities for Low- and Very-Low-Income Persons (FR-2898)2529-AA49

Office of Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1001 48 CFR 2401 HUD Acquisition Regulation (FR-4705)2535-AA26

Office of the Inspector General—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1002 24 CFR 2002 Implementation of the Freedom of Information Act (FR-4716)2508-AA12
1003 24 CFR 2004 Office of Inspector General Subpoenas and Production in Response to Subpoenas or Demands of Courts or Other Authorities (FR-4742)2508-AA13

Office of Public and Indian Housing—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
1004 24 CFR 902 Amended Public Housing Assessment System (PHAS) Rule (FR-4707)2577-AC32
1005 24 CFR 902 Deregulation for Small PHAs (FR-4753)2577-AC34
1006 24 CFR 905 Public Housing Capital Fund Program (FR-4507)2577-AC16
1007 24 CFR 941 Mixed-Finance Public Housing Development (FR-4499)2577-AC09
1008 24 CFR 960.204 Denial of Admission and Termination of Tenancy of Fugitive Felons (FR-4758)2577-AC38
1009 24 CFR 964 Resident Participation in Public and Section 8 Housing (FR-4657)2577-AC26
1010 24 CFR 970 Public Housing Demolition and Disposition (FR-4598)2577-AC20
1011 24 CFR 972 Conversion of Developments From Public Housing Stock; Methodology for Comparing Costs of Public Housing and Tenant-Based Assistance (FR-4718)2577-AC33
1012 24 CFR 1000 Implementation of Summary Revisions to NAHASDA (FR-4750)2577-AC37
1013 24 CFR 1000 NAHASDA Housing Assistance for Native Hawaiians (FR-4668)2577-AC27

Office of Public and Indian Housing—Final Rule Stage
Sequence Number Title Regulation Identification Number
1014 24 CFR 5 Implementation of Public Law 106-504: Eligibility of Citizens of the Freely Associated States for Federally Assisted Housing (FR-4754)2577-AC35
1015 24 CFR 903 Public Housing Agency Plans: Deconcentration - Amendment to Established Income Range Definition (FR-4677)2577-AC31
1016 24 CFR 906 Public Housing Homeownership Programs (FR-4504)2577-AC15
1017 24 CFR 941 Public Housing Development Total Development Cost (TDC) (FR-4489)2577-AC05
1018 24 CFR 972 Required Conversion of Development From Public Housing Stock (FR-4475)2577-AC01
1019 24 CFR 972 Voluntary Conversion of Developments From Public Housing Stock (FR-4476)2577-AC02
1020 24 CFR 982 Section 8 Housing Choice Voucher Program; Expansion of Payment Standards Protection (FR-4586)2577-AC18
1021 24 CFR 982 Section 8 Homeownership Program; Pilot Program for Homeownership Assistance for Disabled Families (FR-4661)2577-AC24
1022 24 CFR 982 Section 8 Homeownership Program: Downpayment Assistance Grants and Streamlining Amendments (FR-4670)2577-AC28
1023 24 CFR 982 Exception Payment Standard to Offset Increase in Utility Costs In the Housing Choice Voucher Program (FR-4672)2577-AC29
1024 24 CFR 982 Housing Choice Voucher Program Homeownership Option: Eligibility of PHA-owned or Controlled Units (FR-4759)2577-AC39
1025 24 CFR 983 Project-Based Voucher Program (FR-4636)2577-AC25
1026 24 CFR 985 Revisions to SEMAP Lease-Up Indicator (FR-4604)2577-AC21

Office of Public and Indian Housing—Long-Term Actions
Sequence Number Title Regulation Identification Number
1027 24 CFR 990 Operating Fund Allocation Formula (FR-4425)2577-AB88

Office of Public and Indian Housing—Completed Actions
Sequence Number Title Regulation Identification Number
1028 24 CFR 1000 HUD Policy for the Administration of HUD Programs on Indian Reservations and Other Indian Areas (FR-4580)2577-AC06
1029 24 CFR 1005 Loan Guarantee for Indian Housing; Direct Guarantee Processing (FR-4241)2577-AB78

Office of Public and Indian Housing—Discontinued Entries
Regulation Identification Number Title Date Withdrawn Comments
2577-AC17 24 CFR ch IX HOPE VI Program (FR-4530)03/20/2002Withdrawn
2577-AC23 24 CFR 909 Public Housing Relocation Requirements (FR-4634)03/18/2002Withdrawn
2577-AC30 24 CFR 1000 Revisions to Indian Housing Block Grant Allocation Formula (FR-4676)03/18/2002Withdrawn


Department of Housing and Urban Development (HUD)

Proposed Rule Stage

Office of the Secretary (HUDSEC)


937. ¤ EXCLUSION OF VETERANS' DISABILITY BENEFITS FROM INCOME (FR-4746)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant. Major under 5 USC 801.

Legal Authority:

42 USC 1437a (b)(4)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 5.603; 24 CFR 5.609; 24 CFR 92.203; 24 CFR 583.315

Legal Deadline:

None

Abstract:

This rule would exclude service-related veterans' disability payment from the calculation of income for eligibility and tenant rent purposes in HUD assisted housing programs.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Patricia Arnaudo, Senior Housing Program Manager, Office of Public and Assisted Housing Delivery, Department of Housing and Urban Development, Office of Public and Indian Housing, 451 7th Street, SW, Washington, DC 20410
Phone: 202 708-0744

RIN:

2501-AC86

938. ¤ ADMINISTRATIVE WAGE GARNISHMENT (FR-4711)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Substantive, Nonsignificant

Legal Authority:

5 USC 5514; 28 USC 2672; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 17

Legal Deadline:

None

Abstract:

This rule will implement the authority established under the Debt Collection Improvement Act of 1996 for HUD to collect its past-due debts through administrative wage garnishments.

Timetable:
Action Date FR Cite
NPRM 03/08/02 67 FR 10818
NPRM Comment Period End 05/07/02
Final Action 08/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Samuel B. Rothman, Attorney Advisor, Office of Program Enforcement, Department of Housing and Urban Development, Office of the General Counsel
Phone: 202 708-4184

RIN:

2501-AC85

939. COMMON RULE ON SUSPENSION AND DEBARMENTS (FR-4692)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 23

Legal Deadline:

None

Abstract:

This rule proposes substantive changes and amendments to the governmentwide nonprocurement common rule for debarment and suspension and the governmentwide rule implementing the Drug Free Workplace Act of 1988. This rule is part of a common rule on debarment and suspension that would limit the mandatory lower tier application of an exclusion to the first procurement level under a nonprocurement covered transaction. Also, the proposed common rule on debarment and suspension would set the dollar threshold on prohibited lower-tier procurement transactions with excluded persons at $25,000.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

RIN:

2501-AC81

940. SINGLE FAMILY MORTGAGE INSURANCE; TREBLE DAMAGES FOR FAILURE TO ENGAGE IN LOSS MITIGATION ACTIVITIES (FR-4553)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

12 USC 1715u; 12 USC 1735f-14; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203; 24 CFR 30

Legal Deadline:

None

Abstract:

This rule would implement sections 601(f)(g)(h) of the fiscal year 1999 HUD Appropriations Act (Pub. L. 105-276, approved October 21, 1998). These sections amend the National Housing Act, which establishes the basic framework for HUD's single family mortgage insurance programs. Specifically, section 601(f) amends section 230 of the National Housing Act (42 U.S.C. 1715u) (entitled Authority to Assist Mortgagors in Default) to provide that, upon default of an insured single family mortgage, lenders must engage in loss mitigation activities for the purpose of providing an alternative to foreclosure. Further, sections 601(g) and (h) amend section 536 of the National Housing Act (12 U.S.C. 1735f-14) (entitled Civil Money Penalties Against Mortgagees, Lenders, and Other Participants in FHA Programs) to provide for the imposition of treble civil money penalties on lenders that fail to engage in loss mitigation activities, as required under amended section 230.

Timetable:
Action Date FR Cite
ANPRM 12/06/00 65 FR 76520
ANPRM Comment Period End 02/05/01
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Joseph McCloskey, Director, Office of Single Family Asset Management, Department of Housing and Urban Development, Office of Housing, Room 9172
Phone: 202 708-1672

RIN:

2501-AC66

941. ENVIRONMENTAL REVIEW PROCEDURES FOR ENTITIES ASSUMING HUD'S ENVIRONMENTAL RESPONSIBILITIES (FR-4523)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Substantive, Nonsignificant

Legal Authority:

12 USC 1707 note; 25 USC 4115; 42 USC 1437o(i)(1); 42 USC 1437o(i)(2); 42 USC 1437x; 42 USC 3535(d); 42 USC 3547; 42 USC 4332; 42 USC 4852; 42 USC 5304 (g); 42 USC 11402; 42 USC 12588; ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 58; 24 CFR 574; 24 CFR 582; 24 CFR 583; 24 CFR 941; 24 CFR 968; 24 CFR 970; ...

Legal Deadline:

None

Abstract:

This rule would update the list of programs and statutory authorities for which other entities may assume HUD's environmental responsibilities and make other changes to update the regulations on assumption of HUD's environmental responsibilities.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Walter Prybyla, Deputy Director for Policy Environmental Review Division, Department of Housing and Urban Development, Office of Community Planning and Development
Phone: 202 708-1201

RIN:

2501-AC83


Department of Housing and Urban Development (HUD)

Final Rule Stage

Office of the Secretary (HUDSEC)


942. RULE TO CONFORM REGULATORY DEFINITIONS CIVIL RIGHTS RESTORATION ACT (FR-4587)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 2000d-1; 42 USC 2000d-7; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 1; 24 CFR 8; 24 CFR 146

Legal Deadline:

None

Abstract:

Title VI of the Civil Rights Act of 1964 (Title VI), section 504 of the Rehabilitation Act of 1972 (Section 504), and the Age Discrimination Act of 1975 (Age Discrimination Act) prohibit discrimination on the basis of race, color, national origin, disability, and age in programs or activities that receive Federal financial assistance. In 1988, the Civil Rights Restoration Act (CRRA) added definitions of "program or activity" and "program" to Title VI, and it added a definition of "program or activity" to Section 504 and the Age Discrimination Act. The promulgation of this rule incorporates the CRRA's definition of "program or activity" and "program" into title VI, section 504, and Age Discrimination Act regulations.

Timetable:
Action Date FR Cite
Final Action 12/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Pamela Walsh, Director, Program Standards Division, Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity
Phone: 202 708-2288

RIN:

2501-AC70

943. TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF); CONFORMING CHANGES TO ANNUAL INCOME REQUIREMENTS FOR HUD'S PUBLIC HOUSING AND SECTION 8 ASSISTANCE PROGRAMS (FR-4635)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 1437a; 42 USC 1437c; 42 USC 1437d; 42 USC 1437f; 42 USC 1437n; 42 USC 3535(d); ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 5

Legal Deadline:

None

Abstract:

This rule updates and clarifies HUD's annual income requirements for its public housing and Section 8 assistance programs. Specifically, this rule clarifies that annual income includes payments under the Temporary Assistance for Needy Families (TANF) program, but only to the extent such payments qualify as "assistance" under the TANF program regulations issued by the Department of Health and Human Services and are not otherwise excluded under HUD's regulation. The clarifications will make the annual income requirements easier to understand for both program participants and public housing agencies. These changes will also ensure greater conformity between HUD's annual income requirements and the TANF program regulations. The final rule follows publication of an April 20, 2001 proposed rule, and takes into consideration the public comments received on the proposed rule.

Timetable:
Action Date FR Cite
NPRM 04/20/01 66 FR 20368
NPRM Comment Period End 06/19/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Patricia Arnaudo, Senior Program Manager, Office of Public and Assisted Housing Delivery, Department of Housing and Urban Development, Office of Public and Indian Housing
Phone: 202 708-0744

RIN:

2501-AC77

944. UNIFORM FINANCIAL REPORTING STANDARDS FOR HUD HOUSING PROGRAMS, ADDITIONAL ENTITY FILING REQUIREMENTS (FR-4681)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Substantive, Nonsignificant

Legal Authority:

12 USC 1703; 12 USC 1709; 12 USC 1715b; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 5; 24 CFR 202

Legal Deadline:

None

Abstract:

This rule would amend HUD's regulation on Uniform Financial Reporting Standards by adding HUD Approved Title I and Title II nonsupervised lenders, nonsupervised mortgagees and loan correspondents to the covered entities required to electronically submit annual financial information to HUD prepared in accordance with generally accepted accounting principles. Under long-standing regulatory and contractual requirements, these entities already submit financial information to HUD on an annual basis.

Timetable:
Action Date FR Cite
NPRM 11/30/01 66 FR 50133
Final Action 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Stacey Kniff, Department of Housing and Urban Development, Real Estate Assessment Center
Phone: 202 708-4932

RIN:

2501-AC80

945. HOME INVESTMENT PARTNERSHIPS PROGRAM — AMENDMENTS (FR-4111)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 12701 to 12839; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 92

Legal Deadline:

None

Abstract:

This rule makes final a provision published for comment as part of an otherwise final rule published on August 22, 1997, with respect to rents for over-income tenants in HOME-assisted units that "float." This rule also makes other technical clarifications.

Timetable:
Action Date FR Cite
NPRM 12/11/96 61 FR 65298
NPRM Comment Period End 02/10/97
Final Rule 08/22/97 62 FR 44838
Final Rule Effective 09/22/97
Comment Period End 10/21/97
Final Action 06/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Mary Kolesar, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, Office of Community Planning and Development
Phone: 202 708-2470

RIN:

2501-AC30

946. FAIR MARKET RENTS FOR THE SECTION 8 TENANT-BASED RENTAL HOUSING AND HOMEOWNERSHIP PROGRAMS; HIGHER FAIR MARKET RENTS FOR CERTAIN FMR AREAS (FR-4606)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Economically Significant

Legal Authority:

42 USC 1437a; 42 USC 1437c; 42 USC 1437f; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 888; 24 CFR 982; 24 CFR 985

Legal Deadline:

None

Abstract:

This rule follows the interim final rule that implemented HUD's new fair market rent (FMR) policy. The new FMR policy targets relief to areas where higher FMRs are needed to help families, assisted under HUD's Housing Choice Voucher Program as well as other HUD programs, find and lease decent and affordable housing. The new FMR policy increases FMRs needed to promote residential choice, help families move closer to areas of job growth, and deconcentrate poverty. The increased FMR applies to all the HUD programs that use FMRs in that metropolitan area.

Timetable:
Action Date FR Cite
Interim Final Rule 10/02/00 65 FR 58870
Interim Final Rule Comment Period End 11/16/00
Interim Final Rule Effective 12/01/00
Final Action 12/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

State, Local

Agency Contact:

Gerald Benoit, Director, Real Estate and Housing Performance Division, Department of Housing and Urban Development, Office of Public and Indian Housing
Phone: 202 708-0477

RIN:

2501-AC75


Department of Housing and Urban Development (HUD)

Long-Term Actions

Office of the Secretary (HUDSEC)


947. ELECTRONIC DOCUMENT RETENTION AND CONSUMER DISCLOSURE REQUIREMENTS IN HUD-RELATED TRANSACTIONS (FR-4686)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

12 USC 1701 et seq; 12 USC 1715Z-13a; 12 USC 2601 to 2617; 15 USC 1701 to 1706; 15 USC 7001 to 7006; ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 5

Legal Deadline:

None

Abstract:

This rule will implement the Electronic Signature Act which allows agencies to issue regulations, pursuant to their existing regulatory authority, interpreting section 101 of ESIGN (15 U.S.C. 7001) and setting performance standards for the accuracy, integrity, and accessibility of electronically retained documents. The rule will set performance standards for the accessibility, integrity and accuracy of electronically retained documents.

Timetable:

Next Action Undetermined

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Koren McKenzie-John, Attorney-Advisor, Multifamily Mortgage Division, Department of Housing and Urban Development, Office of the General Counsel
Phone: 202 708-4090

RIN:

2501-AC79

948. ADJUSTMENT OF HUD'S CIVIL MONEY PENALTIES PURSUANT TO THE FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT ACT OF 1990 (FR-4555)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Substantive, Nonsignificant

Legal Authority:

28 USC 2461 note; 31 USC 3701 note

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 28; 24 CFR 30; 24 CFR 3282; 24 CFR 3500; 24 CFR 81

Legal Deadline:

None

Abstract:

This final rule would adjust for inflation the maximum amounts of HUD's civil money penalties, as required by the Federal Civil Money Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note), as amended by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3701 note). HUD is required to adjust the maximum amounts of its civil money penalties at least once every 4 years. HUD last adjusted these maximum amounts in a final rule that became effective October 24, 1996 (61 FR 50208). Accordingly, HUD must adjust the maximum amounts of its civil money penalties before October 24, 2000.

Timetable:

Next Action Undetermined

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

Undetermined

RIN:

2501-AC67

949. ACCESSIBILITY STANDARDS FOR DESIGN, CONSTRUCTION AND ALTERATION OF CERTAIN FACILITIES FINANCED WITH PUBLIC FUNDS (FR-4317)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 3535(d); 42 USC 4151 et seq

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 40; 24 CFR 41

Legal Deadline:

None

Abstract:

The U.S. Architectural and Transportation Barriers Compliance Board (Access Board), of which HUD is a voting member, is revising and updating its accessibility guidelines for buildings and facilities covered by the Americans with Disabilities Act and the Architectural Barriers Act (ABA). The guidelines cover new construction and alterations and serve as the basis for enforceable standards issued by other Federal agencies, including HUD. HUD, as one of the four standard setting agencies, must adopt standards that are equivalent to or stricter than those guidelines issued by the Access Board. Thus, HUD must both update its regulations for the ABA at 24 CFR 40 and 41, and must also update/replace its Uniform Federal Accessibility Standards (UFAS) with standards equivalent to or stricter than the Access Board's guidelines.

Timetable:

Next Action Undetermined

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Milton Turner, Director, Program Compliance and Disability Rights Support Division, Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity
Phone: 202 708-2333

RIN:

2501-AC47

950. THE SECRETARY OF HUD'S REGULATION OF FANNIE MAE AND FREDDIE MAC; PROHIBITING THE PURCHASE OF CERTAIN LOANS WITH HIGH COSTS AND/OR PREDATORY FEATURES (FR-4614)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant. Major under 5 USC 801.

Legal Authority:

12 USC 1451 et seq; 12 USC 1716 et seq; 12 USC 4501 et seq; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 81

Legal Deadline:

None

Abstract:

A report issued in June 2000 by HUD and the Department of Treasury entitled "Curbing Predatory Home Mortgage Lending" noted that by providing a source of funding, entities that purchase or securitize loans with high cost and/or predatory features are, knowingly or unknowingly, supporting the activities of predatory loan originators. The report recommended regulatory restrictions that would prohibit the two Government-Sponsored Enterprises (GSEs), Fannie Mae and Freddie Mac, from purchasing certain types of loans with high costs and/or predatory features altogether. Through this rulemaking, HUD will establish regulatory restrictions, consistent with the GSEs' voluntary restrictions, that will prohibit the GSEs from purchasing certain loans with high costs and/or predatory features.

Timetable:

Next Action Undetermined

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Sandra Fostek, Director, GSE, Regulatory Staff, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2224

RIN:

2501-AC76

951. ADOPTION OF REVISIONS TO OMB CIRCULAR A-110 (FR-4573)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

Legal Authority:

42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 5; 24 CFR 44; 24 CFR 45; 24 CFR 84; 24 CFR 85

Legal Deadline:

None

Abstract:

This document presents the final revision to the codification, at 24 CFR part 84, of Office of Management and Budget (OMB) Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." OMB issued a final revision to Circular A-110 on September 30, 1999, as required by Public Law 105-227. This rule provides uniform administrative requirements for all grants and cooperative agreements to institutions of higher education, hospitals, and other nonprofit organizations. FR-4258 (RIN 2501-AC39), which makes final an interim rule that adopted revised OMB Circular A-133 to obtain consistency and uniformity among Federal agencies for the audit of States, local governments, and nonprofit organizations expending Federal awards, is also merged with this rule.

Timetable:

Next Action Undetermined

Action Date FR Cite
Interim Final Rule 05/11/00 65 FR 30498
Interim Final Rule Effective 06/12/00
Interim Final Rule Comment Period End 07/10/00

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Barbara Dorf, Director, Office of Departmental Grants Management and Oversight, Department of Housing and Urban Development, Office of Administration
Phone: 202 708-0667

RIN:

2501-AC68


Department of Housing and Urban Development (HUD)

Completed Actions

Office of the Secretary (HUDSEC)


952. AMENDMENTS TO HUD'S CIVIL MONEY PENALTY REGULATIONS (FR-4399)

Agency:

Department of Housing and Urban Development (HUD)/Office of the Secretary (HUDSEC)

Priority:

Other Significant

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 30

Completed:
Reason Date FR Cite
Final Action 12/06/01 66 FR 63436

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Dane Narode
Phone: 202 708-2350

RIN:

2501-AC56


Department of Housing and Urban Development (HUD)

Prerule Stage

Office of Housing (OH)


953. ¤ FHA APPRAISER WATCH INITIATIVE (FR-4744)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1701 to 1715z-18; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 200.208

Legal Deadline:

None

Abstract:

This notice requests comments on issues related to the implementation of the Federal Housing Administration (FHA) Appraiser Watch Initiative. Through the Appraiser Watch Initiative, HUD plans to establish and monitor a performance standard that appraisers must meet to maintain their status on the Appraiser Roster. HUD is considering an approach modeled on FHA's Credit Watch Termination Initiative that would provide for an electronic, fully computerized Appraiser Watch monitoring system, and would permit an appraiser to be removed from the Roster if the rate of defaults and claims on closed mortgages linked to the appraiser exceeds a rate established by HUD.

Timetable:
Action Date FR Cite
ANPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH81


Department of Housing and Urban Development (HUD)

Proposed Rule Stage

Office of Housing (OH)


954. SALE OF UNOCCUPIED AND SUBSTANDARD HUD-HELD HOUSING TO LOCAL GOVERNMENTS AND COMMUNITY DEVELOPMENT ORGANIZATIONS (FR-4658)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1715z-11a; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR ch II

Legal Deadline:

None

Abstract:

This proposed rule would provide for a program to sell properties that are vacant or substandard to local governments and community development corporations. The properties must be used for community revitalization purposes, and must be held in the HUD inventory for at least 6 months.

Timetable:
Action Date FR Cite
NPRM 12/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Beverly Miller, Director, Office of Multifamily Asset Management, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-3730

RIN:

2502-AH61

955. REVISIONS TO FHA CREDIT WATCH/TERMINATION INITIATIVE (FR-4625)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1703; 12 USC 1709; 12 USC 1715b; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 202

Legal Deadline:

None

Abstract:

This rule would make several amendments to HUD's regulations for the Federal Housing Administration (FHA) Credit Watch/Termination Initiative. Under the Credit Watch/Termination Initiative, HUD identifies mortgagees with unsatisfactory performance levels and takes ameliorative action at an early stage. The proposed rule would provide that HUD will no longer provide mortgagees with written notification of Credit Watch status. Rather, mortgagees will be responsible for using HUD's Electronic Neighborhood Watch System to monitor their performance. Among other changes, the rule would also prohibit a mortgagee that has received a notice of proposed termination of its origination approval agreement from establishing a new branch for the origination of FHA-insured mortgages in the lending area covered by the proposed termination. The rule also would establish that the default and claim thresholds underlying the Credit Watch/Termination Initiative apply to both underwriting and originating mortgagees.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Phillip Murray, Director, Office of Lender Activities and Program Compliance, Department of Housing and Urban Development, Office of Housing, P3214, 451 7th Street SW., Washington, DC 20410
Phone: 202 708-1515

RIN:

2502-AH60

956. UPFRONT MORTGAGE INSURANCE PREMIUMS: REMITTANCE REQUIREMENTS (FR-4690)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203

Legal Deadline:

None

Abstract:

This rule will change the remittance period of mortgage insurance premiums. The rule will also implement a more precise definition of when the remittance period begins.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH67

957. PROHIBITION OF PREDATORY LENDING PRACTICES: LIMIT ON FHA SINGLE FAMILY LOAN FEES (FR-4700)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709; 12 USC 1710; 12 USC 1715b; 12 USC 1715u; 12 USC 1715z to 1720; 42 USC 3535(d); ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203; 24 CFR 206

Legal Deadline:

None

Abstract:

This proposed rule would implement one of several new HUD initiatives to combat predatory lending in the Federal Housing Administration (FHA) single family mortgage insurance programs. Specifically, the proposed rule would limit the fees that may be charged on FHA-insured single family mortgages. The maximum amount would include charges paid by the seller and lender on behalf of the borrower. The proposed fee limits would exclude legitimate fees paid to service providers, reasonable and customary discount charges and certain prepaid expenses. The proposed cap on fees will protect FHA borrowers from becoming unwitting victims of excessive, frequently hidden, loan fees and charges.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH70

958. ¤ LIMITATION OF FHA-INSURED LOANS TO NONPROFIT AGENCIES (FR-4702)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203.18; 24 CFR 203.36; 24 CFR 291.210(a)

Legal Deadline:

None

Abstract:

This rule limits nonprofit corporations to ten outstanding single-family insured loans at any one time. In addition, the rule limit nonprofits to loans secured by properties with no more than one dwelling unit.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Organizations

Government Levels Affected:

None

Agency Contact:

Margaret Burns, Director, Program Support Division, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-0317

RIN:

2502-AH71

959. ¤ AMENDMENTS TO THE SECTION 203(K) REHABILITATION LOAN INSURANCE PROGRAM (FR-4701)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709; 12 USC 1710; 12 USC 1715b; 12 USC 1715u; 42 USC 3535 (d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203

Legal Deadline:

None

Abstract:

This proposed rule would make two amendments to HUD's regulations for the Section 203(k) Rehabilitation Loan Insurance Program. The 203(k) Program is the Federal Housing Administration's (FHA's) primary program for the rehabilitation and repair of single family properties. The proposed rule would limit 203(k) rehabilitation loan insurance to one-unit properties. HUD also proposes to cap the total cost of rehabilitation to twenty percent of the single family mortgage limit established by HUD for a one-unit home in a "high cost area." These changes would simplify the 203(k) Program for both lenders and homebuyers, and strengthen HUD's capacity to safeguard the FHA mortgage insurance fund.

Timetable:
Action Date FR Cite
NPRM 07/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses, Organizations

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH73

960. ¤ FHA INSPECTOR ROSTER (FR-4720)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203.60

Legal Deadline:

None

Abstract:

This rule establishes the criteria for inclusion on, and removal from, the FHA Inspector Roster. FHA officials will review the credentials of individuals desiring placement on this Roster or recertification to the Roster. The rule also identifies when a mortgagee must use the services of those individuals appearing on the Roster.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH76

961. ¤ LENDER ACCOUNTABILITY FOR APPRAISALS (FR-4722)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1708 to 1710; 12 USC 1715b; 12 USC 1715u; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 25; 24 CFR 203

Legal Deadline:

None

Abstract:

This rule would clarify and strengthen HUD's regulations concerning the responsibilities of lenders in assuring the quality of Federal Housing Administration (FHA) appraisals. First, the rule would codify HUD's policy that lenders are responsible, equally with appraisers, for the quality of appraisals on properties that secure FHA insured mortgages. Further, the rule clarifies that lenders are subject to sanction by the HUD Mortgagee Review Board for submitted appraisals that are inconsistent with FHA requirements. HUD believes these proposed changes will help ensure that homebuyers receive an accurate statement of value. These changes also will ensure that an accurate appraised value is received for calculating the maximum mortgage amount that can be insured, which will in turn better protect the FHA mortgage insurance funds.

Timetable:
Action Date FR Cite
NPRM 05/00/02
NPRM Comment Period End 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Businesses

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH78

962. ¤ UP-FRONT MORTGAGE INSURANCE PREMIUMS FOR LOANS INSURED UNDER 24 CFR 203(K) AND 234(C) (FR-4749)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709(c); 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203.50; 24 CFR 203.84; 24 CFR 203.85

Legal Deadline:

None

Abstract:

This rule amends 24 CFR Part 203 to require an up-front payment at the beginning of the loan of the insurance premium for loans insured under sections 203(k) and 234(c) of the National Housing Act. Formerly, these loans required only monthly premium payments.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

James Beavers, Loan Specialist (Realty), Department of Housing and Urban Development, Office of Housing, Room 9270, 451 7th Street, SW, Washington, DC 20410
Phone: 202 708-2121

RIN:

2502-AH82

963. ¤ ELIGIBILITY OF ADJUSTABLE RATE MORTGAGES (ARMS) (FR-4745)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1715z-16; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 203.49

Legal Deadline:

None

Abstract:

This rule would implement section 206 of HUD's FY 2002 Appropriations Act and enhance home buying opportunities through additional product offerings, "hybrid ARMs," tailored to the financial conditions of lenders. Except for additional provisions for the frequency and magnitude of the interest rate changes, these products would be subject to existing regulatory requirements at 24 CFR 203.49.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH84

964. ¤ AGREEMENTS FOR USING FHA'S TOTAL MORTGAGE SCORECARD (FR-4717)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

42 USC 3535(d); 12 USC 1709, 1710, 1715b and 1715y

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 207, 255

Legal Deadline:

None

Abstract:

On December 6, 2000, the Department issued a notice in the Federal Register regarding its intention to deploy its recently developed mortgage scorecard and replace any and all proprietary scorecards developed by system vendors with the Technology Open to All Lenders (TOTAL) mortgage scorecard. FHA has developed a draft Use Agreement which sets forth the requirements and responsibilities for implementation and use of the FHA TOTAL Scorecard by qualified lenders, government sponsored enterprises and their contractors, sponsors, loan correspondents and authorized agents that purchase, sell, underwrite or document HUD/FHA mortgage loans for lenders under HUD/FHA/s Direct Endorsement procedures for various HUD/FHA mortgage insurance programs (hereinafter "Lenders"). This regulation will announce this fact to automated underwriting system vendors and mortgage lenders.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH75

965. ¤ FHA APPROVAL OF CONDOMINIUM DEVELOPMENTS LOCATED IN THE COMMONWEALTH OF PUERTO RICO FOR MORTGAGE INSURANCE UNDER THE SECTION 234(C) PROGRAM (FR-4713)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Substantive, Nonsignificant

Legal Authority:

12 USC 1715b; 12 USC 1715y; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 234

Legal Deadline:

None

Abstract:

This rule would amend the Department's regulations under part 234 to provide that the date of recordation for purposes of obtaining FHA approval of a condominium development in the Commonwealth of Puerto Rico for mortgage insurance under the 234(c) program is the date the condominium legal documents are presented to the Commonwealth Registry of the Property.

Timetable:
Action Date FR Cite
NPRM 06/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AH80

966. SECTION 236 EXCESS RENTAL CHARGES (FR-4689)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1715z-1; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 236

Legal Deadline:

None

Abstract:

This rule would establish the terms and conditions to permit owners of projects receiving section 236 rental assistance to participate in retaining some or all of their excess charges for project use. In addition, it would permit owners to retain excess charges for non-project use after a determination by HUD that the project is well maintained housing in good condition and that the owner has not engaged in material adverse financial or managerial actions or omissions.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Janice Nimmer, Housing Project Manager, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-3944

RIN:

2502-AH68

967. TENANT PARTICIPATION IN STATE-FINANCED, HUD-ASSISTED HOUSING DEVELOPMENTS (FR-4611)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1715z-1a; 12 USC 1715z-1b; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 245

Legal Deadline:

None

Abstract:

HUD's current regulations protecting the statutory right of tenants in HUD-assisted and insured multifamily housing developments to organize and participate in the operation of the development do not currently cover State-financed housing developments that receive assistance under certain HUD programs. However, the statutory right of tenants to organize includes those State-financed housing developments. This rule will extend the protection of tenant organization to include State-financed developments assisted under certain HUD programs.
This rule also makes a minor technical correction to a citation in the existing tenant participation regulation. Section 245.135(a)(3) of the rule intended to cross-reference 24 CFR part 24, subpart G; the CFR part was omitted.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-3000

RIN:

2502-AH55

968. DISPOSITION OF HUD-OWNED SINGLE FAMILY ASSETS IN REVITALIZATION AREAS (FR-4471)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1701 et seq; 12 USC 1710(h); 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 291

Legal Deadline:

NPRM, Statutory, October 21, 2000.

Abstract:

This rule would implement section 602 of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (Pub. L. 105-276, 112 Stat. 2519, approved October 21, 1998). Section 602 directs HUD to carry out a program under which HUD-owned homes and mortgages are made available in a manner that promotes expanded homeownership opportunities in designated revitalization areas. Under section 602, the Secretary will designate revitalization areas, in consultation with affected units of general local government and interested nonprofit organizations. Section 602 provides that the Secretary shall provide a preference in the sale of HUD-owned homes and mortgages to nonprofit organizations or to the unit of general local government having jurisdiction in the revitalization area.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Thomas Thompson, Office of Single Family Asset Management, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-3175

RIN:

2502-AH40

969. ¤ DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY; OFFICER/TEACHER NEXT DOOR SALES PROGRAMS (FR-4712)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1701 et seq; 42 USC 1441; 42 USC 1441a; 42 USC 1551a; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 291, subpart F

Legal Deadline:

None

Abstract:

This rule codifies the policies and procedures concerning the Teacher Next Door (TND) Sales Program. The TND Sales Program has been operating since December 7, 1999 as a temporary program. This rule establishes the TND Sales Program as a permanent part of HUD's single family property disposition program. Through the TND Sales Program, HUD makes HUD-acquired single family properties available to eligible teachers for purchase at a discount from the list price. The TND Sales Program is closely modelled after HUD's Officer Next Door (OND) Sales Program, which provides the same benefits to eligible law enforcement officers. In addition to codifying the TND Sales Program, the rule would also clarify and revise certain requirements applicable to both the OND and TND Sales Programs. Among other such changes, the proposed rule would: (1) expand eligibility for the OND Sales Program to include Native American tribal police officers; (2) cap the total number of HUD-acquired homes that will be sold in a fiscal year under the OND/TND Sales Program; (3) establish new requirements regarding refinancing.

Timetable:
Action Date FR Cite
NPRM 08/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Governmental Jurisdictions, Organizations

Government Levels Affected:

State, Local, Tribal

Agency Contact:

Joseph McCloskey, Director, Office of Single Family Asset Management, Department of Housing and Urban Development, Office of Housing, Room 9172
Phone: 202 708-1672

RIN:

2502-AH72

970. ¤ SPECIAL RENT ADJUSTMENTS (FR-4721)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

42 USC 1437a; 42 USC 1437c; 42 USC 2437f; 42 USC 3535(d); 42 USC 12701; 42 USC 13611-13619; ...

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 880; 24 CFR 886

Legal Deadline:

None

Abstract:

The purpose of this rule is to conform the regulatory language that governs special rent adjustments for Section 8 New Construction, Substantial Rehabilitation, State Agency, Loan Management and Property Disposition contracts with the statutory language that allows special rent adjustments for increases in real property taxes, utility rates or similar costs.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Peter J. Giaquinto, Housing Project Manager, Department of Housing and Urban Development, Office of Housing, Washington, DC 20410
Phone: 202 708-2866

RIN:

2502-AH77

971. ¤ MIXED FINANCE DEVELOPMENT FOR SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES (FR-4725)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

Section 831-834 American Homeownership and Economic Opportunity Act of 2000

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 891

Legal Deadline:

None

Abstract:

This rule permits for-profit limited partners to partner with a non-profit general partner in developing assisted housing for elderly and disabled using a mixed finance model, where HUD funding and non-Federal funding sources are combined in a single project. This rule would implement this program, providing for rules for the use of different funding sources, application procedures, procedures for the dispersal of funds, and other matters involved in program implementation.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Aretha Williams, Housing Project Manager, Department of Housing and Urban Development, Office of Housing, Room 6142, Washington, DC 20410
Phone: 202 708-2866

RIN:

2502-AH83

972. IMPLEMENTATION OF MANUFACTURED HOUSING IMPROVEMENT ACT OF 2000 (FR-4665)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

PL 106-569, title VI; 42 USC 5424; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 3280; 24 CFR 3282

Legal Deadline:

None

Abstract:

On December 27, 2000, the Manufactured Housing Improvement Act of 2000 was approved. This Act establishes a consensus rulemaking process for HUD's manufactured housing program, and provides for the establishment of installation, dispute resolution programs, and fees among other things. As a result of this new statute, amendments are necessary to HUD's existing Manufactured Housing Program regulations.

Timetable:
Action Date FR Cite
NPRM 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

No

Government Levels Affected:

None

Agency Contact:

Elizabeth Cocke, Acting Director, Office of Consumer and Regulatory Affairs, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-6409

RIN:

2502-AH62

973. ¤ RESPA - IMPROVING THE PROCESS FOR OBTAINING MORTGAGES (FR-4727)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Economically Significant. Major status under 5 USC 801 is undetermined.

Legal Authority:

12 USC 2617; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 3500 et seq

Legal Deadline:

None

Abstract:

This rule would amend HUD's RESPA regulations to improve the disclosure of mortgage costs to consumers.

Timetable:
Action Date FR Cite
NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Small Entities Affected:

No

Government Levels Affected:

Undetermined

Federalism:

Undetermined

Agency Contact:

Kenneth A. Markison, Assistant General Counsel for GSE/RESPA, Department of Housing and Urban Development, Office of the General Counsel
Phone: 202 708-3137

RIN:

2502-AH85


Department of Housing and Urban Development (HUD)

Final Rule Stage

Office of Housing (OH)


974. DELEGATION OF INSURING AUTHORITY TO DIRECT ENDORSEMENT MORTGAGEES (FR-4169)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1709; 12 USC 1701 to 1720; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 200; 24 CFR 202; 24 CFR 203; 24 CFR 206

Legal Deadline:

None

Abstract:

This rule would make final the June 2, 1997 interim rule that implemented the Lender Insurance program, which reflects the Secretary's authority to delegate the issuance of Mortgage Insurance Certificates (MICs) to mortgagees that are approved under the Direct Endorsement program. This rule provides that eligible mortgagees that participate in the Lender Insurance program will be responsible for conducting a pre-endorsement review during the origination of their single family mortgage loans and they will be responsible for endorsing the mortgages for insurance. Delegating this insurance authority through the Lender program is a more efficient and less burdensome process for providing single family mortgage insurance. This final rule follows publication of the June 2, 1997 interim rule, and takes into consideration the public comments received on the interim rule.

Timetable:
Action Date FR Cite
Interim Final Rule 06/02/97 62 FR 30222
Interim Final Rule Effective 07/02/97
Interim Final Rule Comment Period End 08/01/97
Final Action 12/00/02

Regulatory Flexibility Analysis Required:

No

Government Levels Affected:

None

Agency Contact:

Vance Morris, Director, Office of Single Family Program Development, Department of Housing and Urban Development, Office of Housing
Phone: 202 708-2121

RIN:

2502-AG87

975. NONPROFIT ORGANIZATION PARTICIPATION IN CERTAIN FHA SINGLE FAMILY ACTIVITIES; PLACEMENT AND REMOVAL PROCEDURES (FR-4585)

Agency:

Department of Housing and Urban Development (HUD)/Office of Housing (OH)

Priority:

Other Significant

Legal Authority:

12 USC 1702 to 1715z-21; 42 USC 3535(d)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

24 CFR 200

Legal Deadline:

None

Abstract:

This rule establishes regulatory placement and removal procedures for HUD's Nonprofit Organization Roster. The Roster lists nonprofit organizations that HUD has determined are qualified to participate in certain specified Federal Housing Administration (FHA) single family activities. These activities may include acting as a mortgagor; purchasing HUD's Real Estate Owned Properties (HUD Homes) at a discount; providing secondary financing; and imposing legal restrictions on conveyance as part of affordable housing programs. Presently, there are no regulatory procedures for placing a nonprofit organization on, nor for removing a poorly performing nonprofit organization from, the Roster. The establishment of these placement and removal procedures will better protect participants in the FHA single family programs and safeguard FHA insurance funds. This rule follows publication of a September 17, 2001 proposed rule, and takes into consideration the two public comments received on the proposed rule. After careful consideration of the comments, HUD has decided to adopt the proposed rule without change.

Timetable:
Action Date FR Cite
NPRM 09/17/01 66 FR 48080
NPRM Comment Period End 11/16/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

No

Small Entities Affected:

Organizations

Government Levels Aff