§1715s — Title 12 Banks and Banking | U.S. Code

Summary

Treats mortgages for multifamily projects that use low-income housing tax credit equity differently. Insured mortgage covering a tax credit project: a mortgage insured under this subchapter linked to building, fixing up, buying, or refinancing a multifamily project whose equity comes from low-income housing tax credits under section 42 of title 26. The Secretary may not force the lender to hold that tax-credit equity in escrow or demand other extra security like a letter of credit. If the tax credit allocating agency is already doing the periodic inspections required by section 42, the project does not have to follow extra periodic inspection rules from the mortgagee, and the Secretary will accept the agency’s compliance checks and reports when the Secretary finds them sufficient. The Secretary must set up a pilot program to speed up reviews of mortgage insurance applications for these tax-credit projects. The Secretary must issue instructions for the pilot no later than the expiration of the 180-day period beginning on July 30, 2008. The pilot must appoint designated underwriters to review applications and decide eligibility instead of some HUD staff; allow only mortgagees the Secretary has expressly approved to submit applications; and have the chief underwriter make eligibility decisions under rules the Secretary sets, including requiring third-party reports from entities the chief underwriter approves.

Title 12, §1715s

Banks and Banking — Source: USLM XML via OLRC

(a)For purposes of this section, the term “insured mortgage covering a tax credit project” means a mortgage insured under any provision of this subchapter that is executed in connection with the construction, rehabilitation, purchase, or refinancing of a multifamily housing project for which equity 11 So in original. Probably should be followed by “is”. provided through any low-income housing tax credit pursuant to section 42 of title 26.

(b)In the case of an insured mortgage covering a tax credit project, the Secretary may not require the escrowing of equity provided by the sale of any low-income housing tax credits for the project pursuant to section 42 of title 26, or any other form of security, such as a letter of credit.

(c)In the case of an insured mortgage covering a tax credit project for which project the applicable tax credit allocating agency is causing to be performed periodic inspections in compliance with the requirements of section 42 of title 26, such project shall be exempt from requirements imposed by the Secretary regarding periodic inspections of the property by the mortgagee. To the extent that other compliance monitoring is being performed with respect to such a project by such an allocating agency pursuant to such section 42, the Secretary shall, to the extent that the Secretary determines such monitoring is sufficient to ensure compliance with any requirements established by the Secretary, accept such agency’s evidence of compliance for purposes of determining compliance with the Secretary’s requirements.

(d)(1)The Secretary shall establish a pilot program to demonstrate the effectiveness of streamlining the review process, which shall include all applications for mortgage insurance under any provision of this subchapter for mortgages executed in connection with the construction, rehabilitation, purchase, or refinancing of a multifamily housing project for which equity 1 provided through any low-income housing tax credit pursuant to section 42 of title 26. The Secretary shall issue instructions for implementing the pilot program under this subsection not later than the expiration of the 180-day period beginning upon July 30, 2008.

(2)Such pilot program shall provide for—

(A)the Secretary to appoint designated underwriters, who shall be responsible for reviewing such mortgage insurance applications and making determinations regarding the eligibility of such applications for such mortgage insurance in lieu of the processing functions regarding such applications that are otherwise performed by other employees of the Department of Housing and Urban Development;

(B)submission of applications for such mortgage insurance by mortgagees who have previously been expressly approved by the Secretary; and

(C)determinations regarding the eligibility of such applications for such mortgage insurance to be made by the chief underwriter pursuant to requirements prescribed by the Secretary, which shall include requiring submission of reports regarding applications of proposed mortgagees by third-party entities expressly approved by the chief underwriter.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1715s, which was based in part on act Aug. 2, 1954, ch. 649, title VIII, § 814, 68 Stat. 647, provided for the keeping of records with respect to multifamily housing and examination and audit thereof. section 814 of act Aug. 2, 1954, was transferred and is classified in full to section 1434 of Title 42, The Public Health and Welfare.

Statutory Notes and Related Subsidiaries

Approvals by Department of Housing and Urban Development Pub. L. 110–289, div. B, title VIII, § 2832,

July 30, 2008, 122 Stat. 2867, provided that: “(a) Administrative and Procedural Changes.—“(1) In general.—The Secretary of Housing and Urban Development (in this section referred to as the ‘Secretary’) shall, not later than the expiration of the 6-month period beginning upon after [sic] the date of the enactment of this Act [

July 30, 2008], implement administrative and procedural changes to expedite approval of multifamily housing projects under the jurisdiction of the Department of Housing and Urban Development that meet the requirements of the Secretary for such approvals. “(2) Projects.—The multifamily housing projects referred to in paragraph (1) shall include—“(A) projects for which assistance is provided by such Department in conjunction with any low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 [26 U.S.C. 42] or tax-exempt housing bonds; and “(B) existing public housing projects and assisted housing projects, for which approval of the Secretary is necessary for transactions, in conjunction with any such low-income housing tax credits or tax-exempt housing bonds, involving the preservation or rehabilitation of the project. “(3) Changes.—The administrative and procedural changes referred to in paragraph (1) shall include all actions necessary to carry out paragraph (1), which may include—“(A) improving the efficiency of approval procedures; “(B) simplifying approval requirements, “(C) establishing time deadlines or target deadlines for required approvals; “(D) modifying division of approval authority between field and national offices; “(E) improving outreach to project sponsors regarding information that is required to be submitted for such approvals; “(F) requesting additional funding for increasing staff, if necessary; and “(G) any other actions which would expedite approvals. Any such changes shall be made in a manner that provides for full compliance with any existing requirements under law or regulation that are designed to protect families receiving public and assisted housing assistance, including income targeting, rent, and fair housing provisions, and shall also comply with requirements regarding environmental review and protection and wages paid to laborers. “(b) Consultation.—The Secretary shall consult with the Commissioner of the Internal Revenue Service and take such actions as are appropriate in conjunction with such consultation to simplify the coordination of rules,

Regulations

, forms, and approval requirements for multifamily housing projects projects [sic] for which assistance is provided by such Department in conjunction with any low-income housing tax credits under section 42 of the Internal Revenue Code of 1986 [26 U.S.C. 42] or tax-exempt housing bonds. “(c) Recommendations.—In implementing the changes required under this section, the Secretary shall solicit recommendations regarding such changes from project owners and sponsors, investors and stakeholders in housing tax credits, State and local housing finance agencies, public housing agencies, tenant advocates, and other stakeholders in such projects. “(d) Report.—Not later than the expiration of the 9-month period beginning on the date of the enactment of this Act [July 30, 2008], the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that—“(1) identifies the actions taken by the Secretary to comply with this section; “(2) includes information regarding any resulting improvements in the expedited approval for multifamily housing projects; “(3) identifies recommendations made pursuant to subsection (c); “(4) identifies actions taken by the Secretary to implement the provisions in the

Amendments

made by section 2834 and 2835 of this Act [enacting this section and section 1437z–8 and 11403f–1 of Title 42, The Public Health and Welfare, and amending section 1701q and 1715r of this title and section 1437f, 3545, 11403g, 11403h, 11404, 11405, 11405b, 11406, 11407, and 11407b of Title 42]; and “(5) makes recommendations for any legislative changes that are needed to facilitate prompt approval of assistance for such projects.”

§1715s Treatment of Mortgages Covering Tax Credit Projects