[Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
[Rules and Regulations]
[Pages 49327-49331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23390]



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FEDERAL HOUSING FINANCE BOARD

12 CFR Part 960

[No. 95-26]


Amendment of Affordable Housing Program Regulation

AGENCY: Federal Housing Finance Board.

ACTION: Final rule.

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SUMMARY: The Federal Housing Finance Board (Board) is finalizing the 
provisions of a proposed rule published in the Federal Register on July 
28, 1995, amending, in part, the Board's regulation governing the 
operation of the Affordable Housing Program (AHP). The amendments 
contained in the proposed rule, and now adopted in final form, 
authorize a Federal Home Loan Bank (Bank) to set aside a limited 
portion of its available AHP subsidies to assist first-time homebuyers 
pursuant to a program meeting specific requirements set forth in the 
final rule. In addition, the final rule permits a Bank to establish a 
homeownership set-aside program with requirements different from those 
specifically set forth, subject to prior approval of the Board.

EFFECTIVE DATE: The final rule is effective on October 25, 1995.

FOR FURTHER INFORMATION CONTACT: Brandon B. Straus, Attorney-Advisor, 
Office of General Counsel, (202) 408-2589, or Diane E. Dorius, Deputy 
Director, Office of Housing Finance, (202) 408-2576, Federal Housing 
Finance Board, 1777 F Street, N.W., Washington, DC 20006.

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Background

    Section 10(j)(1) of the Federal Home Loan Bank Act (Bank Act) 
requires each Bank to establish a program to subsidize the interest 
rate on advances to members of the Federal Home Loan Bank System (Bank 
System) engaged in lending for long-term, low- and moderate-income, 
owner-occupied and affordable rental housing at subsidized interest 
rates. See 12 U.S.C. 1430(j)(1). The Board is required to promulgate 
regulations governing the Program. See id. Sec. 1430(j)(9); 12 CFR part 
960.
    Under the Board's AHP regulation, each Bank must make a specified 
annual contribution to fund its AHP. See 12 CFR 960.10. During each 
calendar year, each Bank accepts applications for funds from its 
members during two of four quarterly funding periods, or ``rounds.'' 
See 12 CFR 960.4. Applications are reviewed and recommended, and AHP 
funds are awarded to applicants through a competitive scoring process 
set forth in the AHP regulation. See 12 CFR 960.5. AHP funds are 
awarded to the applicants whose applications score the highest among 
all the applications received by the Bank in that funding round. See 
id. 
    The Board believes that promoting homeownership for first-time 
homebuyers is a significant part of the mission of the Bank System. In 
furtherance of that goal, the Board and the Banks recently joined a 
partnership agreement to promote the President's National Homeownership 
Strategy to expand homeownership to millions of households by the year 
2000. The Board believes that permitting the Banks to direct a portion 
of their AHP contribution to assist low- and moderate-income, first-
time homebuyers is consistent with its commitment to the National 
Homeownership Strategy. Accordingly, on July 28, 1995, the Board 
published in the Federal Register a proposal to amend the AHP 
regulation to authorize a Bank to set aside a portion of its AHP 
contribution to assist low- and moderate-income, first-time homebuyers 
to purchase homes. See 60 FR 38768 (July 28, 1995).

II. Summary of Proposed Rule

    The proposed rule generally would authorize each Bank to establish 
a Matched Savings First-Time 

[[Page 49328]]
Homebuyers' Initiative (Initiative), according to the specific 
requirements set forth in the proposed rule, under which the Bank would 
set aside up to the greater of $1 million or 10 percent of its annual 
required AHP contribution to be used as matching funds for first-time 
homebuyers' savings deposits maintained with a Bank member. The 
proposed rule also would authorize the Banks to establish first-time 
homebuyer programs with different requirements from those applicable to 
an Initiative (non-conforming homeownership set-aside programs), with 
prior approval of the Board.
    Under the proposed rule, each dollar of a participating household's 
savings would be matched by the member with up to three dollars of AHP 
funds, but no more than $5,000, to be used by the household to pay for 
downpayment and closing costs in connection with its first-time 
purchase of a one-to-four family, owner-occupied property (including a 
condominium or cooperative housing unit) used as its primary residence. 
Each Bank would have discretion to determine the appropriate ratio of 
AHP funds-to-savings of a participating household (with a maximum of 
three-to-one), which ratio shall apply to all households participating 
in the Bank's initiative.
    Under the proposed rule, members could be pre-approved for 
participation in an Initiative if they have: (1) Established a 
dedicated savings account program for eligible households; (2) 
established a first-time homebuyer policy that defines the 
qualifications for being a ``first-time'' homebuyer and that includes 
financial and other incentives for such first-time homebuyers; and (3) 
have established or sponsor a homebuyer counseling program.
    Under the proposed rule, in order to enroll initially in the 
program, a household would be required to: (1) Have an income at or 
below 80 percent of the area median income; (2) meet the requirements 
of the member's first-time homebuyer policy, (3) open a dedicated 
savings account with a participating member and agree to a savings 
schedule; (4) enroll in a homebuyer counseling program; and (5) agree 
to obtain mortgage financing from the member for the purchase of the 
home. If, after six months from enrollment, a household were 
progressing satisfactorily according to its agreed-upon schedule of 
savings, the Bank would be required to reserve matching AHP funds, as 
targeted in the savings schedule, in the name of the household, and the 
household would be notified of acceptance into the Initiative. The 
household, however, could not draw down the matching funds unless it 
had saved for a minimum period of 10 months. The proposed rule would 
require a household to use matching funds to purchase a home within one 
year of acceptance in the Initiative (which occurs six month's after 
initial enrollment with the member), or a longer period if the Bank 
determined that reasonable circumstances justified extension beyond one 
year.
    Under the proposed rule, a home purchased by a participating 
household with funds received under an Initiative must be subject to a 
deed restriction, ``soft'' second mortgage, or other legally 
enforceable mechanism, pursuant to the requirements set forth in the 
proposed rule, that would enable the Bank to recapture from the member 
or directly from the seller a pro rata portion of those funds if the 
home were sold by the initial household to a household that is not low- 
or moderate-income, within 5 years (or longer, at the discretion of the 
Bank) from the date of purchase by the participating household. The 
proposed rule would allow for Bank waiver of the recapture requirement 
if its imposition would cause undue hardship on the seller.
    Under the proposed rule, a Bank would make matching funds available 
on a rolling, first come, first-served basis. A Bank could make 
available up to $1 million of additional AHP funds from the next year's 
Initiative set-aside if demand for funds under the Initiative exceeded 
the amount set aside in the current year.

III. Analysis of Public Comments and Summary of the Final Rule

    The Board requested public comment, generally, on all aspects of 
the proposed rule, and specifically requested comment on four specific 
issues addressed in the proposal: (1) Whether a 5-year retention period 
for housing assisted under an Initiative is appropriate; (2) whether a 
Bank should be permitted to commit its AHP contributions from future 
years if demand for Initiative funds in a given year exceeds that 
year's set-aside; (3) whether non-conforming set-aside programs should 
be limited to programs assisting first-time homebuyers or should be 
permitted to assist other kinds of activities related to homeownership 
that promote the National Homeownership Strategy; and (4) whether the 
funding limit established by the proposed rule is appropriate 
generally, and whether this limit should apply also to non-conforming 
set-aside programs.

General Comments

    The Board received 32 comment letters on the proposed rule. Twenty-
six commenters generally supported the proposal. Six commenters, 
including one Bank, two Bank members, two not-for-profit housing 
organizations and a real estate company did not support the set-aside 
of AHP funds for specific purposes. In general, these commenters 
opposed the proposal because it would reduce the amount of funds 
generally available to finance other affordable housing projects and 
activities that would not qualify under the set-aside.
    The Board believes limited set-asides are an appropriate way for 
the Banks to direct AHP funds to specific activities that promote the 
goals of National Homeownership Strategy and are consistent with the 
goals of the AHP. Further, the authority for the Banks to establish 
set-asides for homeownership programs is entirely voluntary. Therefore, 
a Bank need not establish such a program if it determines that a set-
aside is not appropriate in its district. Accordingly, the Board is 
finalizing the set-aside proposal set forth in the proposed rule with 
the following changes, taking into account comments received from the 
public.

Long-Term Retention

    Nineteen commenters supported a 5-year retention period for housing 
assisted under an Initiative. Among these commenters were seven Banks, 
seven Bank members, one banking trade association, one Bank Advisory 
Council, one Community Development credit union, and one city. Among 
the reasons cited by the supporters of a 5-year retention period were 
that a 5-year retention period: allows a household to build equity in a 
home; provides a greater incentive for a homeowner to improve his or 
her property, whereas a longer retention term removes that incentive; 
reduces the monitoring requirements for the Bank member and the Bank; 
and eases the potential recapture responsibility of Bank members.
    Three commenters supported a retention period longer than 5 years. 
One commenter supported a 10-year retention period to prevent real 
estate speculation. Another commenter suggested that a 10-year period 
would not place an undue monitoring burden on the Banks and would 
result in a more equitable distribution of AHP funds. One commenter 
supported a 15-year period, citing the scarcity of resources for low-
income housing.
    Based on commenters' general support for a 5-year retention period, 


[[Page 49329]]
the final rule adopts this as the minimum requirement. Further, one 
Bank member suggested that the provision in the proposed rule exempting 
a household from the recapture requirement if it sells its home to an 
income-eligible household within the five-year period creates an 
unnecessary burden on the member to have to determine the income 
eligibility of such future home purchasers. The Board also notes that 
even in cases where the purchasing household does qualify as income-
eligible, the subsidy initially received by the seller is not passed on 
to the purchaser. Therefore, the final rule requires that in all cases 
where a participating household sells its home prior to the end the 5-
year retention period, the household must repay a pro rata portion of 
the funds it received under the Initiative.

Commitment of AHP Contributions From Future Years

    Of the 14 comments addressing this issue, the majority specifically 
supported the provision in the proposed rule permitting a Bank to 
commit its AHP contributions from future years if demand for Initiative 
funds in a given year exceeds that year's set-aside. Several commenters 
noted concern about the potential oversubscription of an Initiative.
    In order to address this issue, the final rule requires each Bank 
to establish a policy that ensures that the Bank enrolls no more 
households in its Initiative than the Bank can fund with the amount of 
funds set aside by the Bank for the Initiative in a given year. Under 
such a policy, the Bank should make projections of the amount of funds 
necessary to fund all the households enrolled in an Initiative in a 
given year, so that all enrolled households receive funds according to 
the agreed-upon savings goals established upon enrollment. The final 
rule also provides that in cases where demand for Initiative funds in a 
given year exceeds the amount of set-aside funds available for that 
year, the Bank may: (1) Make available up to an additional $1 million 
from the next year's set-aside of funds under such initiative; and/or 
(2) establish a waiting list for households meeting the requirements 
for enrollment, provided that the Bank clearly inform households on the 
waiting list that there is no guarantee that they will be enrolled.

Non-Conforming Homeownership Set-Aside Programs

    The Board specifically requested comment on whether other, 
nonconforming set-aside programs proposed by a Bank under 
Sec. 960.5(g)(2) of the proposed rule should be limited to programs 
that assist first-time homebuyers, or whether it would be practicable 
to broaden the language of the proposal to allow for assistance to be 
provided to other categories of activities related to homeownership 
that promote the National Homeownership Strategy, such as improving and 
rehabilitating existing homes and encouraging homeownership strategies 
that revitalize distressed communities.
    Approximately one-third of the commenters supported a homeownership 
set-aside that did not meet the specific requirements of the matched 
savings model. Some cited the need for rehabilitation as a community 
revitalization strategy and/or the need for additional alternatives to 
meet the goals of the National Homeownership Strategy. Eighteen 
commenters were opposed to limiting the set-asides to first-time 
homebuyers, citing the need for renovation of existing homes and 
revitalization of communities. Two commenters, a Bank and its Advisory 
Council, supported permitting Banks to set aside AHP funds for disaster 
relief or other programs to address local needs.
    The Board believes that it is appropriate to limit the set-aside to 
uses consistent with the National Homeownership Strategy. Therefore, 
the Board has decided to retain the first-time homebuyer requirement 
for Initiatives established under Sec. 960.5(g)(1). However, the final 
rule provides that nonconforming homeownership set-aside programs 
established by a Bank under Sec. 960.5(g)(2) may include homeownership 
programs that meet those goals of the National Homeownership Strategy 
that, in the Board's determination, are consistent with the goals and 
requirements of section 10(j) of the Bank Act, such as providing funds 
for the purchase or rehabilitation of homes by income-eligible first-
time homebuyers and homeowners currently living in overcrowded 
conditions, unsanitary or unsound premises, unsafe neighborhoods, or 
neighborhoods that do not offer adequate economic or educational 
opportunities.

Amount of Available Funds

    The Board specifically requested comment on whether the funding 
limit of the greater of $1 million or 10 percent of a Bank's annual 
required AHP contribution: (a) Is appropriate generally; and (b) should 
apply to other, non-conforming set-aside programs under proposed 
Sec. 960.5(g)(2), or whether the funding limits for such other programs 
should be left to the discretion of the Board. Among the eight 
commenters addressing this issue, there was general support for the 
funding limit as applied to an Initiative, but there was not a clear 
consensus on whether this limit should apply also to a nonconforming 
set-aside program. One commenter supported allowing the Board to 
determine the limit for nonconforming homeownership set-aside programs, 
and two commenters suggested allowing the Banks to determine the limit. 
The final rule provides that total funding for an Initiative 
established by a Bank under Sec. 960.5(g)(1) shall be limited to the 
greater of $1 million or 10 percent of a Bank's annual required AHP 
contribution. Funding limits for nonconforming homeownership set-aside 
programs proposed by a Bank under Sec. 960.5(g)(2) shall be subject to 
Board approval.

Comments on Other Provisions of the Proposed Rule

    Two commenters suggested that the Board should define ``first-time 
homebuyer,'' rather than permitting each member to establish its own 
definition, in order to ensure uniform application of the definition. 
Commenters also suggested that the definition include victims of 
domestic violence and single heads of households who are in the process 
of dissolving their marriages and that the definition be consistent 
with the requirements governing federal tax-exempt mortgage revenue 
bonds (MRB). See 26 U.S.C. 143(d). In order to establish uniformity 
within and among the Bank's Initiatives, the Board is adopting the 
definition of ``first-time homebuyer'' contained in the Cranston-
Gonzalez National Affordable Housing Act of 1990, see Pub. Law 101-625, 
sec. 104(14), 104 Stat. 4079, 4087 (Nov. 28, 1990) (codified at 42 
U.S.C. ch. 130). This definition is consistent with the requirements 
governing MRBs.
    Two Bank members suggested that households with sufficient existing 
savings should be permitted to receive matching funds without being 
required to participate in a savings program over time. One not-for-
profit housing organization specifically supported the minimum time 
requirement for savings as a mechanism to help avoid defaults by 
households that rush into home purchases. The final rule retains the 
proposed provisions governing the required minimum period for savings. 
Nothing in the final rule would preclude a household from using 
existing savings to make deposits in its dedicated savings account 
established with the member. Further, a program 

[[Page 49330]]
with alternative savings requirements could be considered by the Board 
as a nonconforming homeownership set-aside program proposed by a Bank 
under Sec. 960.5(g)(2).
    Some commenters cited the need for flexibility in the savings goal, 
since some households may experience circumstances that limit their 
capacity to save on a regular schedule, such as seasonal employment. 
The final rule clarifies that a household need not make equal deposits 
of funds at uniform intervals in order to meet the requirement that it 
make satisfactory progress towards meeting its savings goal. The final 
rule requires that a household make satisfactory progress in making 
deposits in its dedicated savings account in a manner that is 
consistent with the goals of its agreed-upon savings schedule.
    Five commenters, including three Bank members, suggested that the 
requirement that a household purchase a home within one year of 
acceptance into an Initiative does not allow sufficient time for a 
household to meet its savings goal and then locate and close on a 
suitable home. Commenters recommended allowing longer periods ranging 
from 18 to 36 months. Accordingly, the final rule changes the deadline 
for the use of Initiative funds to 2 years from the date the Bank 
reserves matching funds in the name of the household.
    One commenter stated that the requirement in the proposed rule that 
a Bank member verify a household's progress in meeting its savings 
schedule every six months from the date of each household's acceptance 
into the Initiative would create an undue burden on the member. The 
commenter suggested that the member be allowed to set two dates at six-
month intervals during the year on which to verify the progress of all 
households in that member's program. The final rule reflects this 
change.
    Two commenters suggested that the maximum amount of matching funds 
per household permitted under the proposed rule would be too low, 
especially in areas with high housing costs. Because a program with a 
higher matching ratio or a higher dollar limit could be considered for 
approval by the Board under Sec.  960.5(g)(2), the Board has retained 
the matched savings requirement for an Initiative in the final rule.
    One commenter requested that the proposed rule permit a 
participating household to obtain a mortgage through an MRB program or 
from a not-for-profit organization that provides lower-cost funds. The 
Board believes that member involvement in mortgage lending for 
participating households encourages members to be more active in the 
AHP and in financing affordable housing generally. Lending under an 
Initiative also will help members meet their obligations under the 
Community Reinvestment Act. A number of MRB programs use financial 
institutions to make loans under those programs. Therefore, a member 
would not be precluded from using an MRB program or collaborating with 
another funding source to fund a loan it makes to a household under an 
Initiative. Further, a nonconforming set-aside program allowing the use 
of a funding source in place of a member could be considered by the 
Board under Sec. 960.5(g)(2). Therefore the final rule retains the 
provision of the proposed rule requiring a household receiving funds 
under an Initiative to agree to obtain mortgage financing from the 
member with whom it maintains its dedicated savings account. The final 
rule adds new provisions requiring that mortgage loans provided by 
members in connection with the use of funds provided under an 
Initiative shall not be priced above the market rate for a loan of 
similar maturity and terms.

IV. Regulatory Flexibility Act

    The final rule applies only to the Banks, which do not come within 
the meaning of ``small entities,'' as defined in the Regulatory 
Flexibility Act (RFA). See 5 U.S.C. 601(6). Therefore, in accordance 
with section 605(b) of the RFA, see id. Sec. 605(b), the Board hereby 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities.

List of Subjects in 12 CFR Part 960

    Banks, banking, Credit, Federal home loan banks, Housing.

    Accordingly, chapter IX, title 12, subchapter E, Code of Federal 
Regulations, is hereby amended as follows:

SUBCHAPTER E--AFFORDABLE HOUSING

PART 960--AFFORDABLE HOUSING PROGRAM

    1. The authority citation for part 960 is revised to read as 
follows:

    Authority: 12 U.S.C. 1422a, 1422b, 1430(j).

    2. Section 960.4 is amended by revising the first sentence of 
paragraph (a) to read as follows:


Sec. 960.4  Applications for funding.

    (a) Except as provided in Sec. 960.5(g), the Program is based on 
District-wide competitions administered by the Board. * * *
* * * * *
    3. Section 960.5 is amended by adding a new paragraph (g) and by 
revising paragraph (a)(1) to read as follows:


Sec. 960.5  Project scoring and funding.

    (a) General. (1) Each Bank will evaluate all applications received 
pursuant to Sec. 960.4(a) from its members that satisfy the use 
provisions identified in Sec. 960.3(b).
* * * * *
    (g) Set-aside programs. Programs established by a Bank under this 
paragraph (g) shall be priority projects under section 10(j)(3) of the 
Federal Home Loan Bank Act. For purposes of this paragraph (g), the 
term ``first-time homebuyer'' means a first-time homebuyer as defined 
in 42 U.S.C. 12704(14).
    (1) Programs exempt from prior Board approval. Without the prior 
approval of the Board, a Bank may set aside annually up to the greater 
of $1 million or 10 percent of its annual required Affordable Housing 
Program contribution to fund a matched savings first-time homebuyers' 
initiative that meets all of the following requirements:
    (i) Announcement of available Bank funds. The Bank shall notify its 
members of the amount of annual funds available under the initiative;
    (ii) Pre-approval of member participants. The Bank shall approve a 
member's participation in the initiative if the member has:
    (A) Established a savings account program offering dedicated 
savings accounts to eligible households;
    (B) Established a first-time homebuyer policy that includes 
financial or other incentives for first-time homebuyers;
    (C) Established a homebuyer counseling program based on those 
offered by or in conjunction with a not-for-profit housing agency or 
other recognized counseling organization;
    (D) Committed that the Bank or member participant will be entitled 
to recapture of the equivalent amount of the matching funds, as 
provided in paragraph (g)(1)(xi) of this section;
    (iii) Approval of initial enrollment of households. Subject to a 
Bank's policy established under paragraph (g)(1)(iv) of this section, 
the Bank shall approve the initial enrollment, through the approved 
member participant, of a household as a potential beneficiary in the 
initiative, if the household:
    (A) Is low- or moderate-income, as defined in Sec. 960.1(g), and is 
a first-time homebuyer, as of the date of enrollment; 

[[Page 49331]]

    (B) Has opened a dedicated savings account with the member 
participant and established a schedule of savings into the account;
    (C) Has enrolled in a homebuyer counseling program established by 
the member participant that is based on those offered by or in 
conjunction with a not-for-profit housing agency or other recognized 
counseling organization; and
    (D) Has agreed to obtain mortgage financing from the member 
participant for the purchase of a home;
    (iv) Establishment of Bank policy on enrollment. The Bank shall 
establish a policy that ensures that the Bank enrolls no more 
households in its initiative than the Bank can fund with the amount of 
funds set aside by the Bank for the initiative in a given year;
    (v) Bank reservation of matching funds six months after initial 
enrollment. The Bank shall reserve, in the name of the household, 
matching funds as targeted in the household's schedule of savings for a 
given year, and shall notify the member participant and household of 
such reservation, if, six months after the initial enrollment of the 
household (or, in cases of households enrolled after being on a waiting 
list under paragraph (g)(1)(x)(B)(2) of this section, and who, for a 
period of at least six months, have contributed to a dedicated savings 
account with a member participant), the member participant certifies to 
the Bank that the household is progressing satisfactorily by 
participating in the homebuyer counseling program and depositing funds 
to its dedicated savings account consistent with the goals of its 
agreed schedule of savings;
    (vi) Verification of household progress. The Bank shall require the 
member participant to verify, semi-annually, each participating 
household's satisfactory progress in completing the homebuyer 
counseling program and making deposits to its dedicated savings account 
consistent with the goals of its agreed schedule of savings;
    (vii) Approval of matching funds drawdown. The Bank shall approve a 
request from a member participant for matching funds, and shall credit 
such funds to the member participant's account, if the member 
participant certifies to the Bank that:
    (A) The household made deposits to its dedicated savings account 
consistent with the goals of its agreed schedule of savings for a 
minimum of ten months;
    (B) Closing on the sale of a home to the household is scheduled to 
occur within two years of the date the Bank reserved matching funds in 
the name of the household, or a longer period if the Bank determines 
that reasonable circumstances (such as unforeseen hardship, inability 
to locate a suitable home, or delays in closing on the sale) justified 
extending such time period for the use of the funds;
    (C) The household has completed the required homebuyer counseling 
program;
    (D) The household has received the financial or other incentives 
committed by the member participant pursuant to its first-time 
homebuyer policy, and the interest rate on the mortgage loan provided 
by the member to the household does not exceed the market rate for a 
loan of similar maturity and terms;
    (E) A deed restriction, ``soft'' second mortgage or other legally 
enforceable mechanism exists on the household's home that entitles the 
Bank or member participant to recapture of the equivalent amount of the 
matching funds, as provided in paragraph (g)(1)(xi) of this section;
    (viii) Amount of matching funds. Each Bank shall determine the 
amount of matching funds that it will provide to households receiving 
funds under its initiative, which amount shall not exceed the lesser of 
three times the amount of a household's savings in its dedicated 
savings account or $5,000;
    (ix) Eligible uses of funds. Households receiving funds under an 
initiative may use such funds only for the payment of downpayment or 
closing costs in connection with the household's purchase of a one-to-
four family, owner-occupied residential property (including a 
condominium or cooperative housing unit) to be used as its primary 
residence;
    (x) Availability of funds. In making initiative funds available:
    (A) The Bank shall make such funds available on a rolling, first-
come, first-served basis;
    (B) In cases where demand for initiative funds in a given year 
exceeds the amount of set aside funds available for that year, the Bank 
may:
    (1) Make available up to an additional $1 million from the next 
year's set-aside of funds under such initiative; and/or
    (2) Establish a waiting list for households meeting the 
requirements for enrollment, provided that the Bank clearly inform 
households on the waiting list that there is no guarantee that they 
will be enrolled;
    (xi) Long-term requirement--recapture of funds upon resale. The 
Bank shall require that a home purchased using funds under an 
initiative be subject to a deed restriction, ``soft'' second mortgage 
or other legally enforceable mechanism that requires that, if the home 
is sold prior to the end of a period of not less than 5 years (or such 
longer period as the Bank may determine in establishing its initiative) 
from the date of purchase by the initial household:
    (A) The Bank or its designee be given notice of the sale; and
    (B) The seller be required to repay a pro rata share, except for de 
minimis amounts determined by the Bank, of the funds provided under the 
initiative, reduced for every year the seller owned the home, to be 
repaid from any net gain from the sale of the home after deduction for 
sales expenses, and to be returned to the Bank to be made available to 
other households under the Initiative or to other Affordable Housing 
Program projects, except that the Bank in its discretion may waive such 
repayment requirement if its imposition would cause undue hardship on 
the seller, as defined by the Bank;
    (xii) Bank implementation procedures. Each Bank may establish its 
own procedures for further implementation of the requirements of this 
paragraph (g)(1).
    (2) Nonconforming homeownership set-aside programs. A Bank may set 
aside a portion of its annual required Affordable Housing Program 
contribution, in an amount approved by the Board, to implement a 
homeownership program that does not meet the requirements of paragraph 
(g)(1) of this section, provided the program satisfies the requirements 
of 12 U.S.C. 1430(j); meets those goals of the National Homeownership 
Strategy that, in the Board's determination, are consistent with the 
goals of the AHP; and receives the prior approval of the Board.

    Dated: September 14, 1995.

    By the Federal Housing Finance Board.
Bruce A. Morrison,
Chairman.
[FR Doc. 95-23390 Filed 9-22-95; 8:45 am]
BILLING CODE 6725-01-U