Pennsylvania Administrative Code

§ 31.114. Eligibility requirements. The Agency may designate income and other criteria with respect to persons eligible to receive loans and with respect to the use of proceeds of loans by such persons, which criteria may vary according to geographical area, in order that the pur…

§ 31.115. Execution of loan purchase agreement and loan servicing agreement. The Agency will specify the dates by which the lending institution and the servicing lending institution, if other than the lending institution, shall execute the loan purchase agreement and the loan ser…

§ 31.116. Eligible loan areas. The Agency may designate those areas of this Commonwealth in which the purchase of loans by the Agency will best effectuate the purposes of the act.

§ 31.117. Regulation of fees charged by approved sellers. The Agency may regulate, limit, restrict, or prohibit by contract the charge or collection of any commitment fee, premium, bonus, points or other fees in connection with the origination and servicing of loans by approved l…

§ 31.12. Equity and loan ratios. The Agency may make mortgage loans to limited-profit mortgagors of up to 90% of total project cost. The Agency may make mortgage loans to nonprofit mortgagors of up to 100% of total project cost.

§ 31.14. Ancillary facilities. In financing the construction of low and moderate income housing, the Agency encourages the construction of community, recreational, commercial, and other nonhousing facilities to the extent economically feasible. Since the Agency primarily finances…

§ 31.15. Design standards. The Agency will impose on all rental housing its own design standards in accordance with the requirements set forth in Submission Guide for Architects, on file in the Agency, in addition to the applicable State and local code requirements. On Federally …

§ 31.16. Assurance of completion. The Agency will require payment and performance bonds equal to 100% of the contract price, including liquidated damages or penalties for failure to complete construction by the completion date, or an irrevocable letter of credit or pledged securi…

§ 31.17. Mortgage loan commitments. The Agency may issue conditional or firm commitments for mortgage loans to mortgagors. However, all firm commitments are subjected to the ability of the Agency to sell its notes or bonds in such amounts and on such terms as are acceptable to th…

§ 31.18. Rental charges. Only rents established or approved by the Agency may be charged for dwelling units in housing projects receiving a permanent mortgage loan from the Agency. In establishing or approving rents, the Agency will provide for rents which, together with other mo…

§ 31.19. Tenant Selection Plan. Each mortgagor shall prepare and submit to the Agency, as a part of its application for financing, a Tenant Selection Plan. The Tenant Selection Plan shall include, but not be limited to the following: (1) The proposed rent structure of the housing…

§ 31.2. Procedures for processing rental housing mortgage loan applications. (a) Selection criteria for mortgage loans. Selection criteria for mortgage loans shall conform with the following: (1) The selection criteria for making mortgage loans to applicants shall include, but no…

§ 31.20. Income verification. (a) To assure that the maximum annual income limits for low and moderate income families are being complied with, the mortgagor must verify the income eligibility of tenants. (b) Verification shall be accomplished by the applicant for a rental unit s…

§ 31.201. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act 91 Notice—The notice of intention to foreclose required to be sent to a mortgagor prior to the filing of a foreclos…

§ 31.202. Eligibility for mortgage loan assistance. (a) Property must be all of the following: (1) A one- or two-family owner-occupied residence. (2) Secured by a mortgage, or other security interest in the case of a cooperative or condominium. (3) The principal residence of the …

§ 31.203. Notice; application procedures. (a) Before a mortgagee accelerates the maturity of a mortgage obligation, commences legal action including mortgage foreclosure to recover under the obligation or takes possession of a security of the mortgage debtor for the mortgage obli…

§ 31.204. Agency review. (a) The applicant shall apply for a loan on the form provided by the Agency. An applicant-homeowner who intentionally misrepresents financial information in conjunction with the filing of an application for assistance may be denied assistance or be requir…

§ 31.205. Financial hardship due to circumstances beyond the homeowner’s control. (a) General. The Agency will consider all relevant factors when evaluating whether the homeowner is suffering financial hardship and whether the financial hardship is due to circumstances beyond the…

§ 31.206. Reasonable prospect of resuming mortgage payments and paying mortgage by maturity. (a) In general, the Agency will consider all relevant factors when evaluating whether the homeowner has a reasonable prospect of being able to resume full mortgage payments within 24 mont…

§ 31.207. Repayment. (a) The Agency will establish loan repayment schedules and prepare appropriate forms, instructions and documents concerning repayments or the security for its assistance. (b) The Agency will enter into an agreement with the homeowner for repayment of mortgage…

§ 31.208. Insufficient funds. If, in the Agency’s determination, the Homeowner’s Emergency Mortgage Assistance Fund contains insufficient funds to assist eligible applicants, a notice to this effect will be published by the Agency in the Pennsylvania Bulletin at least 60 days pri…

§ 31.209. Appeals. (a) An applicant who is denied a mortgage assistance loan or an applicant or lender aggrieved by another decision of the Agency in implementing the Homeowners’ Emergency Mortgage Assistance Program may request the Agency to conduct an administrative hearing on …

§ 31.21. Nondiscrimination. All dwelling units and ancillary facilities financed or otherwise assisted under the act shall be rehabilitated, constructed, marketed, sold or rented in a manner as provided for in this subpart. At the commitment submission stage, mortgagors, contract…

§ 31.210. Periods of high unemployment. (a) Months of assistance available. The 24 month limit on mortgage assistance available under § 31.203(d), and the 24 month periods referred to in § § 31.202(d)(1), 31.203(a)(3)(ii), 31.204(c)(2) and 31.206(a) and (d)(2) shall increase to 3…

§ 31.211. Act 91 Notices; information to be supplied to the Agency. (a) Notification. The mortgagee or other person sending the Act 91 Notice shall either send a copy of the notice or information concerning notices sent to the Agency in either of the following manners: (1) Electr…

§ 31.22. Income limits. The maximum annual family income limit for a moderate family occupying a rental unit permanently financed by the Agency is $18,000. This figure shall increase on each annual anniversary date of the effective date of this chapter in the same proportion as t…

§ 31.23. Occupancy standards. Families shall be assigned dwelling units of such size that only bedrooms will be used for sleeping quarters, each bedroom to be occupied by no more than two persons.

§ 31.24. Rental surcharges. (a) In the event the maximum family income of a moderate family occupying a rental housing unit permanently financed by the Agency increases after initial occupancy so that it exceeds 125% of the allowable income limit established in § 31.22 (relating …

§ 31.25. Books and accounts. All books and records of mortgagors, agents of the mortgagors and general contractors shall be open to inspection and audit by representatives of the Agency or certified public accountants retained by the Agency at all reasonable hours. OWNER-OCCUPIED…

§ 31.3. Forms. The Agency may, from time to time, prescribe forms and amendments or supplements thereto to be used by all applicants under the act.

§ 31.301. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Alternative Energy Investment Act, Act 1, Special Session No. 1 (2007-2008). Agency—The Pennsylvania Housing Fi…

§ 31.302. Eligible loan uses. The proceeds of the R&R Energy loan are to be used only to finance the purchase and installation of any of the following: (1) Air sealing, insulation and duct work. (2) Energy efficient windows and doors. (3) Repair or replacement of energy efficient…

§ 31.303. Loan terms and conditions. (a) Loans must be fully amortized over a period of up to 10 years. (b) The maximum loan amount is $10,000. The minimum loan amount is $1,000. (c) The interest rate is set by the Agency and will be updated and published on the Agency’s web site…

§ 31.304. Borrower eligibility. (a) The borrower must reside in the subject home as a primary, principal residence or have the intent to if purchasing the subject property. (b) The total combined household adjusted gross income, as determined by the most current Federal tax retur…

§ 31.305. Borrower application process. (a) An individual may submit an application to the Agency or to an LPA acting on the Agency’s behalf on the form required by the Agency which includes: (1) The borrower’s name and address (2) The identity of the approved contractor who will…

§ 31.306. Contractor eligibility. A contractor who undertakes, offers to undertake or agrees to perform any work under the R & R Energy Program shall be approved by the Agency and listed on the R & R Energy Program Approved Contractor List posted on the Agency’s web site. Contrac…

§ 31.307. Contractor application process. A contractor may apply to become an approved contractor by filing an application with the Agency using the required form, which includes or demonstrates the following information: (1) For an individual contractor, the name, home address a…

§ 31.308. Contractor approval. Upon being satisfied that all requirements have been met, the Agency may approve the contractor’s application. The Agency will not approve a contractor’s application if any of the following conditions exist: (1) The individuals applying, even if doi…

§ 31.309. Other program requirements. Additional processing and application requirements will be applicable to this Program and the Agency reserves the right to provide additional guidance to borrowers, contractors and Program LPAs on its web site from time to time. The Agency ma…

§ 31.4. Waiver. The Agency may waive or vary particular provisions of this subpart: (1) To conform to the requirements of the United States Department of Housing and Urban Development or the United States Department of Agriculture in connection with any housing development with r…

§ 33.1. Form required. Producers of motion pictures, who are qualified to take advantage of the Pennsylvania Sales and Use Tax exemption provided by section 204(54) of the Tax Reform Code of 1971 (72 P. S. § 7204(54)), shall use a Pennsylvania Exemption Certificate (FORM REV-1220…

§ 41.1. Scope. This chapter delineates the general requirements and conditions for participation in the Small Business Incubator Program established under the act. More specific information concerning the requirements for application and participation is found in an applicant man…

§ 41.10. Reporting. A local sponsor that has received a loan to establish an incubator shall submit an annual report to the Board on or before January 31 of each year for the previous calendar year. The following shall be included in the report: (1) A financial statement for the …

§ 41.11. Waiver. The Board may waive the requirements of this chapter if it determines that a waiver is necessary to fulfill the purpose of the program and the waiver does not conflict with the act.

§ 41.12. Sunset. Under section 12 of the act (73 P. S. § 395.12) no incubator loans, loan guarantees or grants may be approved by the Board after June 30, 1987.

§ 41.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—Small Business Incubators Act (73 P. S. § § 395.1—395.12). Advanced Technology Center (ATC)—One of the four Ben Franklin…

§ 41.3. Application. (a) Application. Participation in the program shall be initiated by local sponsors by application on forms prescribed by the Board. The Board is specifically authorized to develop forms, applicant manuals and other materials as may be reasonably necessary for…