[Federal Register Volume 61, Number 134 (Thursday, July 11, 1996)] [Notices] [Pages 36561-36563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-17638] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4099-N-02] Office of Housing; Submission for OMB review: comment request AGENCY: Office of the Assistant Secretary for Housing, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments due date July 18, 1996. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments must be received within seven (7) days from the date of this Notice. Comments should refer to the proposal by name and/ or OMB approval number and should be sent to: Joseph F. Lackey, Jr., OMB Desk Officer, Office of Management and Budget, Room 10235, New Executive Office Building, Washington, D.C. 20503. FOR FURTHER INFORMATION CONTACT: Kay F. Weaver, Reports Management Officer, Department of Housing and Urban Development, 451 7th Street, Southwest, Washington, D.C. 20410, telephone (202) 708-0050. This is not a toll-free number. Copies of the proposed forms and other available documents submitted to OMB may be obtained from Ms. Weaver. The Notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including weather the information will have practical utility; (2) evaluate the accuracy of the agency's estimate of the [[Page 36562]] burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected; and (4) minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: Title of Proposal: Mark to Market/Portfolio Reengineering, Demonstration Program Guidelines Proposal, Submission Requirements and Processing. OMB Control Number: 2502-xxxx. Description of the need for the information and proposed use: This notice describes the application and processing procedures for a demonstration program that is designed to restructure the financing of projects that have FHA-insured mortgages and that receive section 8 rent assistance. The purpose of this Congressionally authorized demonstration is to test the feasibility and desirability of multifamily projects meeting their financial and other obligations with or without FHA insurance and/or Section 8 assistance. In negotiating agreements with eligible project owners, HUD must act to protect the financial interests of the federal government, while taking into account the need for assistance of low- and very low-income tenants. HUD anticipates that, over time, it will publish additional guidance that reflects the experience derived through the execution of successful agreements with project owners. I. Background The demonstration, title FHA Multifamily Demonstration Authority, is authorized by Section 210 of the Balanced Budget Down Payment Act, II (Pub. L. No. 104-134, 110 Stat. 1321, April 26, 1996). It reflects concern of both the Congress and the Administration about budgetary costs and social issues associated with the renewal of Section 8 project-based assistance contracts on multifamily properties having FHA-insured mortgages. Section 210 of the Balanced Budget Act provides HUD with a number of special tools (i.e., departures from many laws that would ordinarily apply), enabling HUD to restructure the financing of projects, while protecting the interest of tenants. II. HUD Processing of Reengineering Proposals A. Owners will submit proposals to George Dipman at the address below with a copy of the Multifamily Housing Director in the local HUD Field Office having jurisdiction over the property(ies) contained in the proposal: George C. Dipman, Office of Multifamily Housing, U.S. Department of Housing and Urban Development, 451 Seventh Street, S.W. (Room 6174), Washington, D.C. 20410-4000. B. Once received, HUD will process according to the following steps: 1. Proposal will be dated, logged in and given a process locating number; 2. Proposal will be reviewed to determine that it meets threshold qualifying requirements and for completeness; 3. Substantially complete proposals will be assigned to a reengineering project manager who will be the initial liaison with the owner; 4. The project manager will work with the owner to refine the proposal for conceptual review. The manager may work independently or in conjunction with HUD consultants; 5. Approximately 30 days after receipt of a substantially complete proposal, the project will be presented to an internal HUD headquarters reengineering committee for conceptual review. 6. The reengineering committee will consider the following in determining whether to recommend for final negotiation and processing: a. compliance with basic project eligibility criteria; b. adequacy of proposal vis a vis the submission requirements; c. whether proposal ``fits'' within demonstration authorities/ tools; d. whether proposal satisfies requirements of the demonstration program and its program principles; e. determination cost of the proposed transaction under the Credit Reform Act of 1990. C. Conceptual review will result in one of three courses of action: rejection; return for clarification; or recommended for restructuring. If the project is recommended for restructuring, it will be referred either to a HUD staff person or HUD consultant for processing, or bundled (with the consent of the owner) with other projects for resolution by a third party joint-venture partner. D. All projects, regardless of the implementing vehicle, will return to the reengineering review committee for final approval once terms are agreed to and due diligence is completed. E. Projects with final approval will be referred back to the appropriate staff, consultants or third parties for closing. III. Submission Requirements On behalf of eligible properties, owners or their agents must provide the following information. This information is to be in summary format and is intended for conceptual review only. After conceptual approval, more detailed information and associated due diligence will be required. 1. Basic project information a. project name and address and photos; b. number of units (total and assisted) together with a breakdown of unit sizes; fair markets rents, estimated market rents and contract rents on a monthly per unit basis; c. owner name and address and outline of ownership structure; d. management agent name and address; e. lender name and address; f. servicer name and address; g. FHA and Section 8 project identification numbers; 2. FHA Mortgage Information a. type of FHA Insurance; b. date of endorsement and term/maturity date; c. interest rate and interest subsidy, if any; d. original mortgage amount and latest unpaid balance; e. monthly principle and interest payments; f. account status, current (Y/N), amount of arrearage, if any; g. liens included taxes or title issues; h. current balance of accumulated residual receipts, if any; e. number of Section 8 contracts in effect; j. basis for calculating contract rents levels budget based, annual adjustment factor, factored rents, other k. tenant paid component of rents; 1. current occupancy; m. year to date operating statement. 3. Physical Description and Neighborhood a. summary description of construction and development type, physical condition, title or environmental issues; b. description of financial condition, and market position; c. occupancy profile, including: income, family size, senior/ disabled component, residents, employment status, etc.; d. description of the neighborhood including physical, social services, public safety and school characteristics; e. rental market description and trends (improving, stable deteriorating) for assisted and unassisted projects; 4. Description of reengineering proposal [[Page 36563]] a. target market, long term affordability commitments, and transition plan; b. rehabilitation requirements including market enhancement and cost estimates; c. principle reduction; d. new financing source and terms; e. proforma with 15 year cashflow; discuss major assumptions, i.e. rent and expense decreases, vacancy, turnover, relocation, debt service and reserves. Important ratios will be expense ratio, debt coverage, loan to value; f. sources and uses of reengineering financing including equity, interim financing, permanent financing, local government assistance, etc.; g. type and term of tenant assistance required (project based or voucher) h. consents of partners required to participate. SUPPLEMENTARY INFORMATION: The Department has submitted the proposal for the collection of information, as described below, to OMB for emergency review, as required by the Paperwork Reduction Act (44 U.S.C. Chapter 35). July 9, 1996 is requested for OMB approval. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: July 3, 1996. David S. Cristy, Acting Director, Information Resources Management Policy and Management Division. Notice of Submission of Proposed Information Collection to OMB Title of Proposal: Mark to Market/Portfolio Reengineering, Demonstration Program Guidelines Proposal, Submission Requirements and Processing. Office: Office of the Assistant Secretary Housing-Federal Housing Commissioner. OMB Approval Number: 2502-xxxx. Description of the Need for the Information and Its Proposed Use: This information is required from projects that have FHA-insured mortgages and that receive Section 8 rent assistance. This notice describes the application and processing procedures for a demonstration program that is designed to restructure the financing of the projects. The demonstration is to test the feasibility and desirability of multifamily projects meeting their financial and other obligations with or without FHA insurance and/or Section 8 assistance. Form Number: None. Respondents: 200. Frequency of Submission: Once. Reporting Burden: ---------------------------------------------------------------------------------------------------------------- Number of Frequency of Hours per Burden respondents x response x response = hours ---------------------------------------------------------------------------------------------------------------- 200 ... 1 ... 80 .. 16,000 ---------------------------------------------------------------------------------------------------------------- Total Estimated Burden Hours: 16,000. Status: New collection. Contact: George C. Dipman, HUD, (202) 708-0614, extension 2574; Joseph F. Lackey, Jr., OMB, (202) 395-7316. Dated: July 3, 1996. [FR Doc. 96-17638 Filed 7-10-96; 8:45 am] BILLING CODE 4210-27-M