[Federal Register Volume 59, Number 233 (Tuesday, December 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29928]
[[Page Unknown]]
[Federal Register: December 6, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. D-94-1081; FR-3838-D-01]
Revocation and Redelegation of Authority
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner (HUD).
ACTION: Notice of Revocation and Redelegation of Authority.
-----------------------------------------------------------------------
SUMMARY: This notice revokes the Redelegation of Authority published
within the Federal Register Notice of Revocation and Redelegation of
Authority (59 FR 18282), published April 15, 1994; this notice revokes
all powers and authorities currently redelegated by the Assistant
Secretary for Housing-Federal Housing Commissioner, to and through
Regional Housing Directors to Housing Development Division Directors
and Housing Management Division Directors in Regional Offices and in
Category A and B Field Offices, and to Housing Division Directors in
the Anchorage, AK, and Charleston, WV Field Offices, and to housing
officials in Category C Field Offices including any powers and
authorities further redelegated.
Nothing in this revocation and redelegation of authority affects
the power and authority previously redelegated to the Directors of the
HUD-FHA Debt Management Centers in Albany, NY, Seattle, WA, and
Chicago, IL, including the redelegation of authority published in the
Federal Register on July 7, 1994 at 59 FR 34857 (which superseded in
its entirely the redelegation of authority signed on October 25, 1991
and published in the Federal Register on November 1, 1991 at 56 FR
56236).
This notice then redelegates to the Deputy Assistant Secretary for
Single Family Housing, the Deputy Assistant Secretary for Multifamily
Housing, and to housing officials in Field Offices as appropriate and
specified below, those powers and authorities necessary to carry out
Office of Housing--Federal Housing Administration (FHA) programs. Any
revocation or modification of this redelegation of authority, other
than further redelegations as provided for in this notice, will be
published in the Federal Register. Some powers and authorities still
rest with the Assistant Secretary-Federal Housing Commissioner, or
other Headquarters officials. Only program powers and authorities
listed in this delegation are redelegated.
EFFECTIVE DATE: December 11, 1994.
FOR FURTHER INFORMATION CONTACT:
Robert G. Hunt, Director, Management Services Division, or Charles
Patterson, Chief, Program Analysis Branch, Management Services
Division, United States Department of Housing and Urban Development,
451 7th Street, SW., room 9116, Washington, DC 20410, (202) 708-0826.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In November of 1993, the Secretary announced
the reorganization of HUD's field structure to improve HUD's
performance and provide HUD's customers--members of the public and
program beneficiaries--more efficient service and less bureaucracy by
empowering HUD's employees to more effectively serve these customers.
In implementing these objectives, the Secretary determined to remove
the Regional organizational layer and provide officials at lower
organizational levels full authority to carry out program functions,
with these field office officials reporting directly to program
officials at Headquarters.
On April 15, 1994, the Department published a Notice revoking and
redelegating program authority to meet the objectives of the
reorganization for the Office of Housing (59 FR 18282). That notice
indicated that HUD would be issuing further guidance to field staff
concerning their specific functions and responsibilities under the
programs. This document contains that guidance, and revokes the
redelegation contained within the April 15 notice.
Under the reorganization, field offices are categorized by Housing
as AA (Super A), A, B, C+, C, and D offices. Each of the field offices
are listed below by these categories. The geographic areas that
constitute the specific jurisdictions of each field office will be
addressed in a notice to be published and distributed separately from
this delegation. The program areas of the Office of Housing--FHA
include single family housing programs, multifamily housing programs,
and nursing home and hospital mortgage insurance programs. This notice
lists the programs in each of these program areas (see Part II below
headed PROGRAMS) and the program functions (see Part III below headed
FUNCTIONS) which are being redelegated. Depending on the category of
the field office and other factors, there are slight variations, as
further specified below, as to which program area is being handled in a
particular field office and as to which HUD officials are being
redelegated the authority to carry out the program functions.
Nothing in this revocation and redelegation of authority affects
the power and authority previously redelegated to the Directors of the
HUD-FHA Debt Management Centers in Albany, NY, Seattle, WA, and
Chicago, IL, including the redelegation of authority published in the
Federal Register on July 7, 1994 at 59 FR 34857 (which superseded in
its entirety the redelegation of authority signed on October 25, 1991
and published in the Federal Register on November 1, 1991 at 56 FR
56236).
Accordingly, the Assistant Secretary for Housing-Federal Housing
Commissioner revokes and redelegates authority as follows:
Section A. Authority Revoked
The Assistant Secretary for Housing--Federal Housing Commissioner
revokes all authority currently redelegated from the Assistant
Secretary for Housing-Federal Housing Commissioner to and through
Regional Housing Directors to Housing Development Division Directors
and Housing Management Division Directors in Regional Offices and in
Category A and B Field Offices, and to Housing Division Directors in
the Anchorage, AK, and Charleston, WV Field Offices, and to housing
officials in Category C Field Offices, including any powers and
authorities further redelegated.
Section B. Authority Redelegated
I. To Whom Authority Redelegaged
a. The Assistant Secretary for Housing--Federal Housing
Commissioner redelegates to the Office of Housing Directors in the
following Category AA (Double A) offices the powers and authorities
needed to carry out those program functions listed in Part III of this
redelegation for the Office of Housing--FHA single family housing
programs, multifamily housing programs, and nursing home and hospital
mortgaged insurance programs. These programs are listed below within
Part II of this section.
With regard to carrying out multifamily housing functions, in most
cases, each Office of Housing Director may exercise his or her
authority only on multifamily properties located within the office's
geographic boundaries. However, in the few exceptions noted below in
parentheses within the list of Category AA offices, the Office of
Housing Director is also given the authority to carry out specified
multifamily housing functions for properties located in other
geographic areas. The geographic areas that constitute the specific
jurisdictions of each field office will be further addressed in a
notice to be published and distributed separately from this
redelegation.
(1) Category AA (Double A) Field Offices
Boston, MA
New York, NY (includes all Multifamily Asset Disposition functions for
Buffalo, NY, and Newark, NJ)
Philadelphia, PA (includes Multifamily Asset Disposition functions 1-3
and 9-13, from the Multifamily Asset Disposition functions list for
Baltimore, MD, Pittsburgh, PA Richmond, VA, Washington, DC, and
Charleston, WV)
Atlanta, GA
Jacksonville, FL
Chicago, IL
Detroit, MI
Kansas City, KS
St. Louis, MO
Denver, CO
Ft. Worth, TX (includes all Multifamily Asset Management and Asset
Disposition functions for C+ offices Albuquerque, NM, and Dallas, TX,
and all Multifamily Asset Disposition functions for A offices Little
Rock, AR, and San Antonio, TX, and all Multifamily Asset Management
functions for C+ office Shreveport, LA)
San Francisco, CA (includes all Multifamily Asset Management and Asset
Disposition functions for C+ offices Las Vegas, NV, and San Diego, CA)
Los Angeles, CA
Seattle, WA
b. The Assistant Secretary for Housing-Federal Housing Commissioner
redelegates to the Deputy Assistant Secretary for Single Family
Housing, who retains his or her authority and further redelegates to
the Directors of Single Family Housing Divisions in the following
offices, the powers and authorities needed to carry out those program
functions listed in Part III of this redelegation for the Office of
Housing-FHA single family housing programs. These programs are listed
below within Part II of this section. In addition, the Assistant
Secretary for Housing-Federal Housing Commissioner redelegates to the
Deputy Assistant Secretary for Multifamily Housing Programs, who
retains his or her authority and further redelegates to the Directors
of Multifamily Housing Divisions in the following offices, the powers
and authorities needed to carry our those program functions listed in
Part III of this redelegation for the Office of Housing-FHA multifamily
housing programs. The legal citations for these programs are listed
below in Part II of this Section B.
Unless otherwise noted, each Director, Multifamily Housing
Division, in a Category A or B Office exercises authority with regard
to all multifamily housing functions within the geographic boundaries
of his or her particular field office. The exceptions note that
Oklahoma City, OK, and Houston, TX, are redelegated authority to act on
properties outside their jurisdictions. All other exceptions note that
a Multifamily Housing Division Director does not have authority over
some asset disposition or asset management functions; instead,
authority for those functions is redelegated to the offices noted in
parentheses within the lists of Category A and Category B Offices.
(1) Category A Field Offices
Hartford, CT
Buffalo, NY (except Multifamily Asset Disposition functions which are
redelegated to New York, NY, as noted above)
Newark, NJ (except Multifamily Asset Disposition functions which are
redelegated to New York, NY, as noted above)
Baltimore, MD (except Multifamily Asset Disposition functions which are
redelegated to Philadephia, PA, as noted above)
Pittsburgh, PA (except Multifamily Asset Disposition functions which
are redelegated to Philadelphia, PA, as noted above)
Richmond, VA (except Multifamily Asset Disposition functions which are
redelegated to Philadelphia, PA, as noted above)
Washington, DC (except Multifamily Asset Disposition functions which
are redelegated to Philadelphia, PA, as noted above)
Birmingham, AL
Columbia, SC
Greensboro, NC
Jackson, MS
Knoxville, TN
Louisville, KY
Caribbean, San Juan, PR
Columbus, OH
Indianapolis, IN
Minneapolis/St. Paul, MN
Milwaukee, WI
Little Rock, AR (except Multifamily Asset Disposition functions which
are redelegated to Fort Worth, TX, as noted above)
New Orleans, LA (except Multifamily Asset Disposition functions which
are redelegated to the Multifamily Division Director, Houston, TX)
Oklahoma City, OK (includes Tulsa, OK, Multifamily Asset Management and
Disposition functions)
San Antonio, TX (except Multifamily Asset Disposition functions which
are redelegated to Fort Worth, TX, as noted above)
Omaha, NE
Honolulu, HI
Portland, OR
Anchorage, AK
(2) Category B Field Offices
Manchester, NH
Providence, RI
Charleston, WV (except those Multifamily Asset Disposition functions
which are redelegated to Philadelphia, PA, as noted above)
Nashville, TN
Cleveland, OH
Cincinnati, OH
Grand Rapids, MI
Houston, TX (includes Multifamily Asset Disposition functions for New
Orleans, LA, above and Shreveport, LA, below)
Des Moines, IA
Phoenix, AZ
Sacramento, CA
c. The Assistant Secretary for Housing-FHA Commissioner redelegates
to the Deputy Assistant Secretary for Single Family Housing, who
retains his or her authority and further redelegates to the Directors
of Single Family Housing Divisions in the following offices, the powers
and authorities needed to carry out those program functions listed in
Part III of this redelegation for the Office of Housing-FHA single
family housing programs. The legal citations for these programs are
listed below in part II of this Section B.
No authority for Multifamily housing functions is redelegated to
HUD officials in either the C+ or the C Field Offices. In the case of
the C+ offices, the offices have multifamily housing staff,
outstationed from another field office, who report to the Director,
Office of Housing in a Category AA Office or the Director, Multifamily
Division, in another field office, as noted below in parentheses.
(1.) Category C+
Albuquerque, NM (Fort Worth, TX, Housing Director)
Dallas, TX (Fort Worth, TX, Housing Director)
Shreveport, LA (All authority for Asset Disposition functions is
delegated to the Houston, TX, Multifamily Housing Director. All
authority for Multifamily Asset Management functions is delegated to
Fort Worth, TX, Housing Director)
Tulsa, OK (Oklahoma City, OK, Multifamily Division Director)
Las Vegas, NV (San Francisco, CA, Housing Director)
San Diego, CA, (San Francisco, CA, Housing Director)
(2.) Category C Field Offices
Albany, NY
Camden, NJ
Coral Gables, FL
Memphis, TN
Orlando, FL
Tampa, FL
Flint, MI
Lubbock, TX
Helena, MT
Salt Lake City, UT
Fresno, CA
Reno, NV
Santa Ana, CA
Tucson, AZ
Boise, ID
Spokane, WA
d. The following offices are not redelegated powers or authorities,
and report to the Director, Single Family Housing Division in the
offices shown in parentheses:
(1.) Category D Field Offices
Bangor, ME (Manchester, NH)
Burlington, VT (Manchester, NH)
Wilmington, DE (Philadelphia, PA)
Springfield, IL (Chicago, IL)
Casper, WY (Denver, CO)
Fargo, ND (Denver, CO)
Sioux Falls, SD (Denver, CO)
II. Programs Under Which Authority Redelegated
The following are the programs of the Office of Housing-FHA:
(a.) Multifamily Housing Programs:
1. Multifamily Rental Housing for Moderate Income and Displaced
Families Mortgage Insurance Program (Section 221(d)(3) and (4),
National Housing Act (12 U.S.C. 1715l(d)(3) and (4)).
2. Multifamily Rental Housing Mortgage Insurance Program (Section
207 of the National Housing Act (12 U.S.C. 1713)).
3. Existing Multifamily Housing Mortgage Insurance Program (Section
223(f) of the National Housing Act (12 U.S.C. 1715n(f)).
4. Refinancing of Existing Insured Mortgages (Section 223(a)(7) of
the National Housing Act (12 U.S.C. 1715n(a)(7)).
5. Reinsurance Pilot Program (Section 542(b) of the Housing and
Community Development Act of 1992 (see, 12 U.S.C. 1707, Historical and
Statutory Notes)).
6. Housing Finance Agency Risk Sharing Pilot Program (Section
542(c) of the Housing and Community Development Act of 1992 (see, 12
U.S.C. 1707, Historical and Statutory Notes)).
7. Single Room Occupancy Projects Mortgage Insurance Program
(Sections 221(d) (3) and (4) of the National Housing Act (12 U.S.C.
1715l(d), pursuant to authority in Section 223(g) of the National
Housing Act (12 U.S.C. 1715n(g)).
8. Manufactured Home Parks Mortgage Insurance Program (Section 207
of the National Housing Act (12 U.S.C. 1713)).
9. Cooperative Housing Mortgage Insurance Program (Section 213 of
the National Housing Act (12 U.S.C. 1715e)).
10. Rehabilitation and Neighborhood Conservation Housing Insurance
(Section 220 of the National Housing Act (12 U.S.C. 1715k)).
11. Supplemental Loans for Multifamily Projects Mortgage Insurance
Program (Section 241 of the National Housing Act (12 U.S.C. 1715z-6)).
12. Operating Loss Loans (Section 223(d) of the National Housing
Act (12 U.S.C. 1715n(d)).
13. Nursing Homes, Intermediate Care Facilities, and Board and Care
Homes Mortgage Insurance Program (Section 232 of the National Housing
Act (12 U.S.C. 1715w)).
14. Assisted Living Facilities Mortgage Insurance Program (Section
232 of the National Housing Act (12 U.S.C. 1715w, pursuant to authority
in Section 511 of the Housing and Community Development Act of 1992)).
(Redelegation of this program is effective upon program regulations
being published.)
15. Mortgage Insurance for Group Practice and Medical Practice
Facilities (Title XI, National Housing Act (12 U.S.C. 1749aaa et
seq.)).
16. Housing for the Elderly Mortgage Insurance Program (Section 231
of the National Housing Act (12 U.S.C. 1715v)).
17. HOPE 2: Homeownership of Multifamily Units (Subtitle B of Title
IV of the National Affordable Housing Act of 1990 (42 U.S.C. 12871 et
seq.)).
18. Direct Loans for Housing for the Elderly or Handicapped
(Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q)).
19. Supportive Housing for the Elderly (Section 202 of the Housing
Act of 1959) (12 U.S.C. 1701q, as amended by Section 801 of the
National Affordable Housing Act)).
20. Supportive Housing for Persons with Disabilities (Section 811
of the National Affordable Housing Act (42 U.S.C. 8013)).
21. Congregate Housing Services (Title IV of the Housing and
Community Development Amendments of 1978).
22. Section 802 of the National Affordable Housing Act (42 U.S.C.
8011 et seq.)), as amended by Section 604 of the Housing and Community
Development Act of 1992.
23. Service Coordinators for Assisted Housing (Subtitle E of Title
VI of the Housing and Community Development Act of 1992; Section 805 of
the National Affordable Housing Act, as amended by Section 677 of the
Housing and Community Development Act of 1992).
24. Housing Development Grants (Section 17 of the U.S. Housing Act
of 1937 (42 U.S.C. 1437o).
25. Special Purpose Grants (Public Laws 101-507, 102-139, 102-389
and 103-327).
26. Section 8 New Construction and Substantial Rehabilitation
(Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f note)).
27. Multifamily Coinsurance Program (Section 244 of the National
Housing Act (12 U.S.C. 1715z-9)).
28. Section 8 Loan Management Set Aside Program (Section 8 of the
U.S. Housing Act of 1937, as amended by Section 101 of the Multifamily
Housing Property Disposition Reform Act of 1994 (42 U.S.C. 1437f)).
29. Rent Supplement Program (Section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s)).
30. Section 236 Rental Housing Interest Reduction and Rental
Assistance Program (Section 236 of the National Housing Act (12 U.S.C.
1715z-1)).
31. Below Market Interest Rate Rental Housing Program (Sections
221(d)(3) and 221(d)(5) of the National Housing Act (12 U.S.C. 1715l(d)
(3) and (5)).
32. Flexible Subsidy Operating Assistance Program (Section 201 of
the Housing and Community Development Amendments of 1978, as amended by
Section 103 of the Multifamily Housing Property Disposition Reform Act
of 1994 (12 U.S.C. 1715z-1a)).
33. Flexible Subsidy Capital Improvement Loan Program (Section 201
of the Housing and Community Development Amendments of 1978, as amended
by Section 103 of the Multifamily Housing Property Disposition Reform
Act of 1994 (12 U.S.C. 1715z-1a)).
34. Federally-Assisted Drug Elimination Grants (Title V of the
Anti-Drug Abuse Act of 1988 (42 U.S.C. 11901), as amended by Section
581 of the National Affordable Housing Act of 1990 and Section 161 of
the Housing and Community Development Act of 1992 (42 U.S.C. 11901)).
35. Housing in Military Impacted Areas (Section 238(c) of the
National Housing Act (12 U.S.C. 1715z-3(c)).
36. Section 8 Assistance for Property Disposition Resales (Section
8 of the U.S. Housing Act of 1937, as amended (42 U.S.C. 1437f)).
37. Management and Disposition of HUD-Owned Multifamily Housing
Projects (Section 203 of the Housing and Community Development
Amendments of 1978, as amended by Section 101 of the Multifamily
Property Disposition Reform Act of 1994 (12 U.S.C. 1701z-11)).
38. Emergency Low-Income Housing Preservation Program (Title II of
the Housing and Community Development Act of 1987 (12 U.S.C. 1715l
note)).
39. Low-Income Housing Preservation and Resident Homeownership
Program (Subtitle A of Title VI of the National Affordable Housing Act
of 1990 (12 U.S.C. 4101 et seq.)).
(b) Single Family Housing Programs:
1. One-to-Four-Family Home Mortgage Insurance (Section 203,
National Housing Act (12 U.S.C. 1709(b)).
2. Rehabilitation Mortgage Insurance (Section 203(k), National
Housing Act (12 U.S.C. 1709(k)).
3. Homeownership Assistance for Moderate Income and Displaced
Families (Section 221(d)(2), National Housing Act (12 U.S.C.
1715l(d)(2)).
4. Mortgage Insurance for Service Members (Section 222, National
Housing Act (12 U.S.C. 1715m)).
5. Mortgage Insurance in Declining Neighborhoods (Section 223(e),
National Housing Act (12 U.S.C. 1715n(e)).
6. Mortgage Insurance on Condominium Units (Section 234(c),
National Housing Act (12 U.S.C. 1715y)).
7. Mortgage Insurance for Special Credit Risks (Section 237,
National Housing Act (12 U.S.C. 1715z-2)).
8. One-to-Four-Family Mortgage Insurance in Military Impacted Areas
(Section 238(c), National Housing Act (12 U.S.C. 1715z-3(c)).
9. Single Family Home Mortgage Coinsurance (Section 244, National
Housing Act (12 U.S.C. 1715z-9)).
10. Mortgage Insurance for Graduated Payment Mortgages (Section
245, National Housing Act (12 U.S.C. 1715z-10)).
11. Mortgage Insurance for Adjustable Rate Mortgages (Section 251,
National Housing Act (12 U.S.C. 1715z-16)).
12. Mortgage Insurance for Home Equity Conversion Mortgages
(Section 255, National Housing Act (12 U.S.C. 1715)).
13. Counseling for Homebuyers, Homeowners, or Tenants (Section 106,
Housing and Urban Development Act of 1968 (12 U.S.C. 1701x)).
14. Mortgage Insurance on Single Family Cooperative Units (Section
213, National Housing Act (12 U.S.C. 1715e)).
15. Mortgage and Major Home Improvement Loan Insurance for Urban
Renewal Areas (Section 220(h), National Housing Act (12 U.S.C.
1715k(h)).
16. Single Family Mortgage Insurance in Disaster Areas (Section
203(h), National Housing Act (12 U.S.C. 1709(h)).
17. Insurance for Purchase of Fee Simple Title from Lessors
(Section 240, National Housing Act (12 U.S.C. 1715z-5)).
18. Single Family Mortgage Insurance on Hawaiian Homelands (Section
247, National Housing Act (12 U.S.C. 1715z-12)).
19. Single Family Mortgage Insurance on Indian Reservations
(Section 248, National Housing Act (12 U.S.C. 1715z-13)).
20. Mortgage Insurance for Shared Appreciation Mortgages (Section
252, National Housing Act (12 U.S.C. 1715z-17)).
21. Mortgage Insurance for Homeownership Assistance Mortgage
Refinances (Section 235(r), National Housing Act (12 U.S.C. 1715z)).
22. Expenditures to Correct Structural Defects in Mortgaged Homes
(Section 518, National Housing Act (12 U.S.C. 1735b)).
23. Mortgage Insurance for Single Family Cooperative Housing
(Section 203(n), National Housing Act (12 U.S.C. 1709n)).
24. Mortgage Insurance Growing Equity Mortgages (Section 245(a),
National Housing Act (12 U.S.C. 1715z-10)).
25. Mortgage Insurance Experimental Housing (Section 233, National
Housing Act (12 U.S.C. 1715x)).
26. Mortgage Insurance in Outlying Areas (Section 203(i), National
Housing Act (12 U.S.C. 1709(i))).
27. Mortgage Insurance in Urban Renewal Areas (Section
220(d)(3)(A)(i), National Housing Act (12 U.S.C. 1715k(d)(3)(A)(i)).
28. Mortgage Insurance for Armed Service Housing (Section 809/810,
National Housing Act (12 U.S.C. 1748h-1, 1748h-2)).
29. Property Disposition Program (Section 204(g), National Housing
Act (12 U.S.C. 1710(g))).
30. Assignment Program (Section 230(b), National Housing Act (12
U.S.C. 1715u(b))).
31. Property Improvement Loan Insurance Program (Section 2 of Title
I of the National Housing Act (12 U.S.C. 1703)).
32. Manufactured Home Loan Insurance Program (Section 2 of Title I
of the National Housing Act (12 U.S.C. 1703)).
(c) Hospital Mortgage Insurance Programs:
1. Mortgage Insurance for Hospitals Program (Section 242 of the
National Housing Act (12 U.S.C. 1715z-7)).
2. Supplemental Loans for Hospitals Mortgage Insurance Program
(Section 241 of the National Housing Act (12 U.S.C. 1715z-6)).
3. Refinancing of Existing Insured Hospital Mortgages (Section
223(a)(7) of the National Housing Act (12 U.S.C. 1715n(a)(7))).
4. Operating Loss Loans (Section 223(d) of the National Housing Act
(12 U.S.C. 1715n(d))).
III. Functions for Which Authority Is Redelegated
(a) Multifamily Housing Program Functions
Powers and authorities redelegated under the Multifamily Housing
Programs, listed above, include:
(i) General Multifamily Housing Functions.--1. Issuing waivers of
Department directives not mandated by statute or regulation.
2. Signing documents as necessary to carry out enumerated
functions.
(ii) Multifamily Production.--1. Approving fee/contract appraisers
and inspectors.
2. Determining acceptability of project sites.
3. Issuing Site Appraisal and Market Analysis (SAMA) approvals.
4. Issuing conditional or firm commitments for FHA mortgage
insurance or capital advances.
5. Issuing initial or final endorsements for FHA mortgage insurance
or capital advances.
6. Issuing firm approval letters and mortgage insurance
endorsements for Risk-Sharing program.
7. Executing cost certifications and determining maximum insurable
mortgages or maximum capital advances.
8. Executing Regulatory Agreements.
9. Issuing construction inspection reports and requiring corrective
actions and escrows as needed.
10. Approving construction advances and change orders.
11. Approving per unit mortgage limits in excess of base amounts,
up to statutory maximums.
12. Making final decisions on subsidy layering reviews for projects
in development or authorizing Housing Finance Agencies (HFAs) to make
these decisions. (Redelegation of this function is effective upon
Headquarters providing administrative instructions.)
(iii) Multifamily Asset Management and Funding.
A. Cross-Cutting Servicing and Compliance
1. Approving/Disapproving owner's choice of management agent or
owner's decision to self-manage.
2. Establishing management agent fee ranges and add-on fees.
3. Approving/disapproving management fees that owners and agents
negotiate.
4. Approving changes in project ownership (Transfer of Physical
Assets (TPAs)).
5. Signing 9 and 12-month guarantee inspections and approving
releases from escrows.
6. Processing and deciding all forms of rent increases, including
special additional adjustments of Annual Adjustment Factors (AAF)
projects.
7. Deciding owner appeals of decisions on rent increase requests.
8. Authorizing payment of project monthly subsidy billings,
including approving of Section 8 special claims.
9. Authorizing offsets to monthly subsidy billings.
10. Executing repayment agreements for collection of overpaid
rental subsidies or delinquent excess income.
11. Authorizing releases from the residual receipts accounts,
including using residual receipts to fund service coordination.
12. Authorizing releases from the replacement reserve accounts.
13. Executing partial releases of security.
14. Determining acceptability of monthly or annual financial
statements and requiring corrective action related to those statements.
15. Reviewing performance of project management and assigning
performance ratings on project management reviews and physical
inspections.
16. Reviewing and rating subsidy contract administrator's
performance.
17. Determining which principals should be flagged in 2530 system.
18. Approving Limited Denial of Participation.
19. Approving exceptions, authorizing admission of low-income
families under ``post-81'' Section 8 contracts that are subject to the
very low-income rule.
20. Determining which projects will receive Loan Management Set-
Asides (LMSA), Flexible Subsidy Operating Assistance, or Flexible
Subsidy Capital Improvement Loans.
21. Executing Flexible Subsidy and LMSA contracts and amendments
and Section 8 Annual Contributions Contract (ACC) amendments.
22. Authorizing disbursement of Flexible Subsidy funds.
23. Acknowledging receipt of Default and Election to Assign
Notices.
24. Executing second mortgage documents following Headquarters'
approvals of partial payment of claims.
25. Making final decisions on subsidy layering reviews for projects
in management or authorizing HFAs to make these decisions.
(Redelegation of this function is effective upon Headquarters providing
administrative instructions.)
26. Approving current bond refunders.
27. Determining terms of workout on insured or HUD-held mortgages
when workout does not involve a Financial Adjustment Factor (FAF)
refunder.
28. Executing workouts on insured or HUD-held mortgages.
29. Approving Title II Plans-of-Action and executing Title II Use
Agreements.
30. Granting preliminary and final approval of Title VI Plans-of-
Action and executing Title VI Use Agreements.
31. Authorizing foreclosure of HUD-held mortgages. (Includes
notifying mortgagor of HUD's decision to foreclose and deciding owners'
appeals of the initial foreclosure decisions.)
32. Signing hazard insurance loss drafts.
33. Determining Housing's proposal for resolving audit findings.
34. Closing audit finding on field office matters.
B. Multifamily Housing for Elderly Persons or Persons with Disabilities
1. Reviewing and rating Section 202 and Section 811 applications.
2. Exercising regulatory option to approve Section 811 application
for more than number of units handbook allows.
3. Authorizing Section 811 sponsor to serve only one type of
disability.
4. Authorizing change in disability group to be served by group
home/independent living facility under Sections 202, 162, 811 programs.
5. Selecting Sections 202 and 811 applications to be funded.
6. Approving extensions of Sections 202 and 811 fund reservations
to dates no more than 36 months beyond initial reservation date.
7. Executing Section 202 regulatory agreements and development and
funding documents.
8. Approving/disapproving mortgagors' requests to prepay Section
202 mortgages when note contains a prepayment right.
9. Executing new Congregate Housing Services Program (CHSP) grants.
10. Executing extensions, amendments, close-outs, or terminations
of existing CHSP grants.
11. Executing Section 8 contracts for service coordinators.
12. Approving use of residual receipts for service coordinators.
C. Multifamily Grants
1. Rating and, where specified in program regulations, ranking of
applications for competitive grant programs.
2. Processing applications in noncompetitive grant programs.
3. Executing and amending grant agreements.
4. Approving Line of Credit Control System (LOCCS) drawdowns.
5. Monitoring compliance with grant agreements and terminating
agreements for non-performance.
6. Executing close-out/settlements of grants.
(iv.) Multifamily Asset Disposition.--1. Determining terms of
foreclosure sale.
2. Directing Office of General Counsel to commence foreclosure.
3. Determining services (statement of work) to be included in
Project Managers' contracts.
4. Establishing maximum rents and charges Project Managers may
levy.
5. Approving budgets for rehabilitation work and operating costs,
including personnel and salaries.
6. Authorizing project managers to spend amounts or to subcontract
for goods or services not authorized in budgets.
7. Authorizing rehabilitation work.
8. Authorizing advertisements of properties for sale.
9. Approving disposition plans.
10. Approving purchasers, in conjunction with foreclosures or
sales, of HUD-owned properties.
11. Approving sales documents.
12. Executing Annual Housing Assistance Program (AHAP) and Housing
Assistance Program (HAP) contracts.
13. Making final decisions on subsidy layering reviews required in
conjunction with foreclosure sales or sales of HUD-owned projects or
authorizing HFAs to make these decisions. (Redelegation of this
function effective upon Headquarters providing administrative
instructions.)
(b.) Single Family Housing Program Functions
Powers and authorities redelegated under the single family housing
programs, listed above, include:
(i) General Single Family Housing Functions.--1. Issuing waivers of
Department directives not mandated by statute or regulation.
2. Signing documents as necessary to carry out enumerated
functions.
(ii) Single Family Development.--1. Identifying/maintaining local
codes to meet Minimum Property Standards (MPS).
2. Approving Direct Endorsement (DE) lenders and underwriters.
3. Reviewing/approving DE test cases.
4. Reviewing endorsement packages.
5. Executing Mortgage Insurance Certificates (MICs).
6. Performing appraisal field reviews.
7. Performing architectural field reviews.
8. Performing pre-endorsement reviews for mortgage credit.
9. Performing detailed underwriting reviews for mortgage credit.
10. Processing Appraisals for HUD processed cases.
11. Processing credit underwriting process for HUD processed cases.
12. Assigning case numbers per requests.
13. Receiving/logging appraisals.
14. Receiving/logging endorsement packages.
15. Recording post-endorsement reviews.
16. Performing subdivision processing/condominium processing
improved areas.
17. Approving Mortgagees (initial).
18. Maintaining fee panels/lenders lists of appraisers, inspectors,
technical reviewers, endorsements processors, 203K lenders, and Home
Equity Conversion Mortgage (HECM) lenders.
19. Monitoring contract reviews.
20. Reviewing claim/default statistics.
21. Monitoring individual lender performance.
22. Contracting:
--Originating procurement process.
--Preparing Requests for Proposals (RFP).
--Staffing selection panels.
--Monitoring contractor performance.
--Reviewing/approving invoices.
--Monitoring contract costs.
(iii) Single Family Loan Servicing.--(1) Reviewing servicing/
mortgagee servicing.
2. Processing requests for assignment.
3. Hearing appeals
4. Performing Secretary-held mortgage servicing functions:
--Section 235 recertification.
--Processing of tax payments.
--Forebearance agreements.
--Foreclosure processing.
--Monitoring of hazard insurance coverage and payment of insurance
proceeds for damaged properties.
--Debt collection.
--Section 235 recaptures.
--Compromise offers.
--Write-offs.
--Asset sale assignment recordations.
5. Servicing defaulted mortgages and foreclosures:
--Approving forbearances.
--Pre-foreclosure Sales (facilitating participation, and granting
variances from established criteria).
--Reviewing proposed deeds-in-lieu of foreclosure in cases where Field
Offices approval is required.
--Deficiency Judgments (targeting, compromising, collection/referral).
6. Servicing current insured mortgages.
7. Conducting Housing Counseling Agencies programs:
--Monitoring housing counseling activities of all HUD-approved
counseling agencies.
--Recruiting, training, and approving agencies.
--Referring defaulting mortgagors and other HUD clients to agencies.
--Reviewing semiannual reports.
--Providing technical assistance.
--Preparing for and conducting the Annual Performance Review.
--For agencies receiving grants, reviewing monthly vouchers,
performance reports, and final reports.
--Preparing for, conducting, and reporting on follow-up activity.
--Processing and awarding grants.
--Training and certifying of counselors.
--Reviewing and approving Housing Counseling vouchers.
(iv) Single Family Property Disposition.--1. Occupied Conveyance-
Preacquisition:
--Processing occupied conveyances.
--Determining fair market rent.
--Approving conveyance of damaged properties.
--Executing leases.
--Approving/disapproving preservation and protection limits.
--Approving extensions of time to convey.
2. Acquisition:
--Processing HUD Form-27011s, Single Family Application for Insurance
Benefits.
--Approving titles.
--Reconveying title.
--Establishing tax records.
3. Inventory maintenance:
--Establishing disposition program.
--Monitoring and reviewing appraisals.
--Preparing Statements of Work for contracting out for repairs and
services.
--Inspecting repair work.
--Processing bills for payments to contractors.
--Monitoring Real Estate Asset Managers.
--Monotirong defective paint inspections and treatments.
--Collecting, compromising, suspending and terminating debts pursuant
to Departmental debt collection policies and procedures.
--Paying real estate taxes.
--Inspecting on-site properties.
--Reviewing damaged properties.
--Denying claims.
4. Sales:
--Advertising properties.
--Conducting bid openings.
--Conducting industry meetings.
--Preparing brokers' information packages.
--Accepting and rejecting sales offers.
--Monitoring lead-based paint testing and results.
--Monitoring closing agents.
--Monitoring closing agents on-site.
--Reviewing and approving requests to close from purchaser.
--Following up on liquidated damages payments.
--Reviewing and approving closing documents.
--Executing deeds.
--Processing post closing complaints.
--Determining forfeiture of earnest money deposits.
--Evaluating requests from HUD employees or their relatives to purchase
HUD-owned properties.
5. Administering Homeless Initiative:
--Identifying Properties.
--Leasing.
--Collecting rent and taxes.
--Inspecting rented properties.
(v) Title I Property Improvement Loans.--Reviewing credit
underwriting for property improvement loans that will result in any
borrower having a total unpaid principal obligation that exceeds
$25,000.
(vi) Title I Manufactured Home Purchase Loans.--Appraising
manufactured home lots to be used in determining the total principal
obligations for loans to purchase manufactured home lots, or
manufactured homes and lots in combination.
(c) Hospital Mortgage Insurance Program Functions
Powers and authorities redelegated under the hospital mortgage
insurance programs, listed above, include:
(i) General Hospital Mortgage Insurance Functions.--
1. Issuing waivers of Departmental directives not mandated by
statute or regulation.
2. Signing documents as necessary to carry out enumerated
functions.
(ii) Hospital Mortgage Insurance Development.--1. Issuing
conditional or firm commitments for FHA mortgage insurance, pursuant to
HHS recommendation and instructions from Headquarters.
2. Issuing initial or final endorsements for FHA mortgage
insurance.
3. Determining maximum insurable mortgages, upon receipt of
approved cost certification from HHS.
5. Executing Regulatory Agreements.
6. Approving construction advances and change orders, pursuant to
recommendation from HHS.
(iii) Hospital Mortgage Insurance Servicing and Compliance
Activities.--1. Approving changes in project ownership (Transfer of
Physical Assets (SPAs)), pursuant to recommendation from HHS.
2. Executing partial releases of security, pursuant to
recommendations from HHS and approval from Headquarters, when
appropriate.
3. Reviewing performance of project management and assigning
performance ratings on project management reviews and physical
inspections.
4. Acknowledging receipt of Default and Election to Assign Notices
and Mortgage Assignment.
5. Executing workouts on insured or HUD-held mortgages, pursuant to
recommendations from HHS and approval from Headquarters.
6. Authorizing foreclosure of HUD-held mortgages, pursuant to
recommendations from HHS and approval from headquarters. (Includes
notifying mortgagor of HUD's decision to foreclose and deciding owners'
appeals of the initial foreclosure decisions.)
7. Determining Housing's proposal for resolving audit findings on
Field Office matters, in consultation with Headquarters.
8. Closing audit findings on Field Office matters, in consultation
with Headquarters.
(iv) Hospital Property Disposition.--The following property
disposition activities for hospitals are handled by Field Offices in
consultation with Headquarters:
1. Determining terms of foreclosure sale.
2. Directing Office of General Counsel to commence foreclosure.
3. Determining services (statement of work) to be included in
Project Managers' contracts.
5. Approving budgets for rehabilitation work and operating costs,
including personnel and salaries.
6. Authorizing project managers to spend amounts or to subcontract
for goods or services not authorized in budgets.
7. Authorizing rehabilitation work.
8. Authorizing advertisements of properties for sale.
9. Approving purchasers of HUD-owned properties.
10. Approving sales documents.
Section C. Authority Excepted
Category D Field office officials are not redelegated authority
under this Notice. The authority redelegated in Section B above also
does not include the authority to issue or waive regulations.
Section D. Authority to Further Redelegate
The Authority redelegated in Section B above may be further
redelegated in writing by the appropriate Field Office staff to other
Field Office staff so as to maximize office efficiency. In cases where
authority is redelegated to staff not reporting to that Field Office
official, prior concurrence of the Assistant Secretary, or appropriate
DAS, is required.
Authority: Section 7(d), Department of Housing and Urban
Development Act, 42 U.S.C. Section 3535 (d).
Dated: November 30, 1994.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 94-29928 Filed 12-5-94; 8:45 am]
BILLING CODE 4210-27-M