[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Proposed Rules]
[Pages 7324-7328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3138]



[[Page 7323]]

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Part III





Department of Housing and Urban Development





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24 CFR Parts 200, 203 and 291



Nonprofit Organization Participation in Federal Housing Administration 
(FHA) Single Family Mortgage Insurance Programs; Proposed Rule

  Federal Register / Vol. 69, No. 30 / Friday, February 13, 2004 / 
Proposed Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 200, 203 and 291

[Docket No. FR-4702-P-01]
RIN 2502-AH71


Nonprofit Organization Participation in Federal Housing 
Administration (FHA) Single Family Mortgage Insurance Programs

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Proposed rule.

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SUMMARY: Nonprofit organizations, including faith-based and community-
based organizations, are important participants in HUD's single family 
housing programs, particularly because of the unique role they play in 
their communities. They participate by purchasing HUD-owned properties 
at a discount, acting as non-occupant mortgagors, and providing 
secondary financing. Unfortunately, nonprofit organizations have 
significantly higher default rates than other program participants. 
Therefore, HUD has determined that it is necessary to revise its 
regulations governing nonprofit organizations in an effort to reduce 
the defaults and to create more reasonable conditions for participation 
by nonprofit organizations. A significant percentage of nonprofit 
organizations that have obtained FHA financing for an unmanageable 
number of properties have suffered extraordinarily high rates of 
default on multiple-unit properties. The intent of this proposed rule 
is to implement conditions and procedures based on HUD's recent 
experience with practices and requirements that result in successful 
participation by nonprofit organizations in FHA single family mortgage 
insurance programs.
    Specifically, this rule proposes to require nonprofit organizations 
that obtain insured financing from the FHA for 10 or more properties in 
a federal fiscal year to prepay at least 80 percent of that total 
number of FHA insured mortgages by the end of the second fiscal year 
following the fiscal year in which the FHA insured financing was 
acquired. Furthermore, this rule would not permit nonprofit 
organizations to obtain FHA insurance for mortgages secured by single 
family properties with more than two living units, and the rule would 
impose additional underwriting guidelines on two-unit properties. The 
rule also proposes to codify the existing practice to approve as 
participating nonprofit organizations those organizations that provide 
evidence of two years of tax-exempt status under the Internal Revenue 
Code of 1986, and two consecutive years of housing development 
experience within the previous five years.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW, Washington, DC 20410-0500. Communications should refer to the above 
docket number and title. Facsimile (FAX) comments are not acceptable. A 
copy of each communication submitted will be available for public 
inspection and copying between 8 a.m. and 5 p.m. weekdays at the above 
address.

DATES: Comment Due Date: April 13, 2004.

FOR FURTHER INFORMATION CONTACT: Donna Tomposki, Housing Program Policy 
Specialist Coordinator, Department of Housing and Urban Development, 
451 Seventh Street, SW., Washington, DC 20410-8000, at (202) 708-0317. 
(This is not a toll-free number.) Persons with hearing- or speech-
impairments may access these numbers through TTY by calling the toll-
free Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

A. Background

    Under the National Housing Act, the Secretary has authority to 
insure single family mortgages; that is, mortgages on one-to-four 
family dwellings on ``such terms as the Secretary may prescribe'' (12 
U.S.C. 1709(a)). In accordance with this authority, HUD has issued 
regulations and other guidance regarding single family mortgage 
insurance establishing the conditions for such insurance. HUD's general 
regulations on mortgage insurance are found in 24 CFR part 200. 
Specific regulations on nonprofit organizations are found in a new 
subpart F of part 200, published on June 6, 2002, at 67 FR 39240.
    The requirements for nonprofit organizations that participate in 
FHA programs were developed at a time when the FHA had minimal 
experience working with nonprofit organizations, and therefore, 
insufficient data on the business risks that participation by certain 
nonprofit organizations would present. As a result of FHA's experience, 
HUD will now require all nonprofit organizations seeking approval to 
serve as FHA mortgagors, purchasers of HUD's real estate owned (REO) 
properties, or providers of secondary financing to have: (1) Two years 
of tax-exempt status under section 501(c)(3) of the Internal Revenue 
Code, and (2) two consecutive years of housing development experience 
within the previous five years. In this regard, this proposed rule 
codifies existing policy and incorporates this tax status and 
experience requirement into the regulations of 24 CFR part 291 for 
nonprofit organizations acquiring HUD's REO properties.
    Over the past nine fiscal years, HUD's Section 203(k) program 
(203(k) program), under which HUD may insure loans to nonprofit 
organizations for the purchase and rehabilitation of single family 
residential properties, has experienced high default and claim rates, 
particularly for two-to-four unit properties. Similar problems have 
occurred in HUD's other single family mortgage insurance programs in 
which nonprofit organizations participate, under Title II of the 
National Housing Act. For those reasons, this rule proposes that 
nonprofit organizations not obtain FHA insured financing for three- and 
four-unit properties. HUD will continue to allow FHA insured financing 
for two-unit properties, but will establish additional underwriting 
requirements for such properties.
    Similar problems have occurred in HUD's other single family 
mortgage insurance programs in which nonprofit organizations 
participate, under Title II of the National Housing Act, with respect 
to nonprofits that hold large numbers of properties with FHA insured 
financing in their portfolios. For those reasons, this rule proposes to 
establish certain prepayment requirements when nonprofit organizations 
obtain FHA insured financing on 10 or more properties in a single 
Federal fiscal year. When nonprofit organizations accumulate large 
numbers of such properties over a multi-year period (even if they have 
not acquired 10 or more in a single fiscal year), HUD may, on a case-
by-case basis, examine those large portfolios to determine whether or 
not a certain percentage of the FHA-financed mortgages should be 
prepaid before the nonprofit organization will be eligible for 
additional acquisition with FHA insured financing. HUD, in this 
examination, will look at administrative operations, financial 
capacity, and past performance. HUD believes that, as a result, the FHA 
single family insured housing programs will experience less risk of 
default and that mortgagors and the public generally will be better 
served.

[[Page 7325]]

B. This Proposed Rule

    This rule would add a new regulatory section to the regulations in 
part 200, subpart F, which regulate the participation of nonprofit 
organizations in single family insured housing programs, entitled 
``Nonprofit Participation.'' This new section proposes that nonprofit 
organizations that obtain FHA insured financing for 10 or more 
properties during a single fiscal year will be required to prepay at 
least 80 percent of that total number by the end of the second fiscal 
year following the fiscal year in which the financing was obtained. The 
last day of each fiscal year will be the basis for determining the two-
year period, for example, September 30, 2001 to September 30, 2003. 
This rule proposes to define this period of time as the ``80 percent 
payoff period.'' Nonprofit organizations that do not fulfill this 
requirement would not be able to obtain new FHA insured financing 
unless 80 percent of the FHA loans acquired during that fiscal year are 
prepaid within the 80 percent payoff period. Nonprofit organizations 
that have obtained FHA insured financing on a large number of 
properties over a multi-year period, but have not acquired 10 or more 
within a single fiscal year, may be assessed by HUD on a case-by-case 
basis as to their administrative operations, financial capacity, and 
past performance prior to being approved for additional FHA insured 
financing. HUD may require nonprofit organizations with a large number 
of FHA insured mortgages in their portfolios to prepay a percentage of 
those mortgages, to be determined by HUD, before allowing such 
nonprofit organizations to obtain FHA insured financing on additional 
properties.
    In order to address issues of high risk in the cases of nonprofit 
organizations acting as mortgagors of two-to-four family properties, 
the new regulatory section also would restrict nonprofit organizations 
in HUD single family insurance programs from obtaining FHA insured 
financing on properties that have more than two living units. Because 
of the increased risks to the FHA insurance fund, resulting from the 
insurance of mortgages on properties with two-to-four units, HUD would 
establish additional underwriting guidelines on two-unit properties, in 
addition to not allowing acquisition of three- and four-unit properties 
with FHA insured financing. Nonprofit organizations that have, as of 
the effective date of the final rule, mortgages on properties with more 
than two living units in their single family portfolio could retain 
those mortgages, but could not add any new mortgages.
    A nonprofit organization participating in HUD's single family 
insurance programs must be a tax-exempt organization under section 
501(a) pursuant to 501(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 501(a) and 501(c)(3)), as currently required under 12 U.S.C. 
1709(g)(2)(B), and proposed to be implemented in this new regulatory 
section in 24 CFR 200.196(b)(1). This rule would require submission to 
HUD of the Internal Revenue Service (IRS) letter of determination as 
verification of tax-exempt status, which demonstrates two years of such 
status, and certification of the nonprofit's compliance with any IRS 
requirement to provide notice of changes in the organization's 
character, purpose, or methods of operation. This rule would also 
provide that nonprofit organizations may not assume the Employer 
Identification Number (EIN) of a dormant or defunct nonprofit 
organization.
    Furthermore, this rule would change existing policy as explained in 
Mortgagee Letter 96-52 that permitted nonprofit organizations to 
substitute two years of community service for two years of housing 
development experience. Under this rule, HUD proposes to require 
participating nonprofit organizations to have a minimum of two 
consecutive years of housing development experience within the previous 
five years.
    This rule would also require that participating nonprofits be 
included in the Nonprofit Organization Roster pursuant to 24 CFR 
200.194. Finally, this proposed rule would make conforming amendments 
to 24 CFR 203.18, 203.41, and 291.5.
    HUD continues to strongly encourage the participation of nonprofit 
organizations, including community and faith-based organizations, in 
its programs. This proposed rule is not designed to place particular 
burdens on participation by nonprofit organizations. Rather, the 
proposed rule is designed to ensure that nonprofit organizations have 
the capacity, experience, and interest to participate in HUD's housing 
programs. Additionally, the rule is designed to ensure the integrity of 
FHA's insurance funds and the continued availability of insurance for 
nonprofit organizations and other FHA participants.

Findings and Certifications

Public Reporting Burden

    The information collection requirements contained in this proposed 
rule have been submitted to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and are 
pending OMB approval. In accordance with the Paperwork Reduction Act, 
HUD may not conduct or sponsor, and a person is not required to respond 
to, a collection of information unless the collection displays a 
currently valid OMB control number. The burden of the information 
collections in this proposed rule is estimated as follows:

                                       Reporting and Recordkeeping Burden
----------------------------------------------------------------------------------------------------------------
                                                                                         Estimated
                                                                            Number of     average     Estimated
                      Section reference                        Number of    responses     time for      annual
                                                                parties        per      requirement  burden  (in
                                                                            respondent   (in hours)     hours)
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200.196(a)(5) (Certification of compliance with IRS                  400            1          .50          200
 regulations pertaining to nonprofits, including any
 requirement that the nonprofit notify the IRS of any change
 in its character, purpose, or methods of operation)........
----------------------------------------------------------------------------------------------------------------

    In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments 
from members of the public and affected agencies concerning this 
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 whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;

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    (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.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this proposal. Under the 
provisions of 5 CFR part 1320, OMB is required to make a decision 
concerning this collection of information between 30 and 60 days after 
today's publication date. Therefore, a comment on the information 
collection requirements is best assured of having its full effect if 
OMB receives the comment within 30 days of today's publication. This 
time frame does not affect the deadline for comments to the agency on 
the proposed rule, however. Comments must refer to the proposal by name 
and docket number (FR-4702) and must be sent to:

Melanie Kadlic, OMB Desk Officer, Office of Management and Budget, Room 
10235, New Executive Office Building, Washington, DC 20503, Fax Number 
(202) 395-6947, Email: [email protected]

 and
Kathleen McDermott, Reports Liaison Officer, Office of the Assistant 
Secretary for Housing-Federal Housing Commissioner, Department of 
Housing and Urban Development, 451 Seventh Street, SW, Room 9116, 
Washington, DC 20410-8000.

Executive Order 12866

    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866, Regulatory Planning and Review. OMB determined 
that this rule is a ``significant regulatory action,'' as defined in 
section 3(f) of the Order (although not economically significant, as 
provided in section 3(f)(1) of the Order). Any changes made to the rule 
subsequent to its submission to OMB are identified in the docket file, 
which is available for public inspection in the Regulations Division, 
Office of the General Counsel, Room 10276, 451 Seventh Street, SW., 
Washington, DC 20410-0500.

Regulatory Flexibility Act

    The impact of this proposed rule would be minimal, and the program 
changes contained in this rule are necessary to reduce claim and 
default rates and protect the health of the FHA insurance fund. The 
single family mortgage insurance program is currently being misused by 
some nonprofit agencies that use this mortgage insurance to administer 
large-scale rental-housing programs, rather than provide for 
homeownership opportunities. In the past, some nonprofit agencies 
administering these programs have accumulated portfolios of over 300 
properties. The single family program was not designed to accumulate a 
portfolio of rental properties. Various other offices within HUD have 
venues for rental housing, such as the Office of Multifamily Housing, 
which offers rental-housing programs, and the Office of Community 
Planning and Development, which administers the HOME Investment 
Partnerships program.
    HUD expects that requiring 80 percent prepayment over two years in 
the case of nonprofit organizations that obtain FHA insured financing 
on 10 or more properties in a fiscal year will affect relatively few 
nonprofits out of approximately 500 active nonprofit entities that 
participate with the FHA in its programs, and will create a prudent 
limitation without unduly burdening the ability of nonprofits to obtain 
FHA insured financing. For those nonprofit agencies affected by this 
rule, the Department has taken steps to assure fairness for current 
program participants by allowing the nonprofit agency the ability to 
retain current properties, but establishing a restriction on acquiring 
new FHA insured financing until the 80 percent payoff goal is met. In 
addition, those nonprofit agencies that have single family properties 
with three- and four-unit dwellings may retain these properties, but 
will not be permitted to obtain additional three- and four-unit 
properties.
    Notwithstanding HUD's determination that this rule does not have a 
significant economic impact on a substantial number of small entities, 
HUD specifically invites comment regarding less burdensome alternatives 
to this rule that will meet HUD's objectives as described in the 
preamble.

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
was made in accordance with HUD regulations in 24 CFR part 50 that 
implement section 102(2)(C) of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332(2)(C)). The Finding is available for public 
inspection during regular business hours in the Regulations Division, 
Office of General Counsel, Department of Housing and Urban Development, 
Room 10276, 451 Seventh Street, SW., Washington, DC 20410-0500.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on state and local governments and 
is not required by statute, or preempts state law, unless the relevant 
requirements of section 6 of the Executive Order are met. This rule 
affects only private nonprofit organizations and does not have 
federalism implications and does not impose substantial direct 
compliance costs on state and local governments or preempt state law 
within the meaning of the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and on the private sector. This proposed rule does 
not impose any federal mandates on any state, local, or tribal 
governments, or on the private sector, within the meaning of the UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers applicable to 
the programs affected by this rule are: 14.108, 14.112, 14.117, 14.121, 
and 14.133.

List of Subjects

24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Home improvement, Housing standards, Lead 
poisoning, Loan programs--housing and community development, Mortgage 
insurance, Organization and functions (Government agencies), Penalties, 
Reporting and recordkeeping requirements, Social Security, Unemployment 
compensation, Wages.

24 CFR Part 203

    Hawaiian Natives, Home improvement, Indians--lands, Loan programs--
housing and community development, Mortgage insurance, Reporting and 
recordkeeping requirements, Solar energy.

[[Page 7327]]



24 CFR Part 291

    Community facilities, Conflict of interests, Homeless, Lead 
poisoning, Low and moderate income housing, Mortgages, Reporting and 
recordkeeping requirements, Surplus government property.

    For the reasons stated in the preamble, HUD proposes to amend 24 
CFR parts 200 and 291 as follows:

PART 200--INTRODUCTION TO FHA PROGRAMS

    1. The authority citation for 24 CFR part 200 continues to read as 
follows:

    Authority: 12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d).

    2. Add a new Sec. 200.196 to read as follows:


Sec. 200.196  Participation of nonprofit organizations.

    (a) Definitions. ``80 percent payoff period'' means the period from 
the end of the fiscal year in which a nonprofit organization has 
obtained FHA insured financing on 10 or more properties to the end of 
the second fiscal year following that date.
    (b) Eligibility requirements. An eligible nonprofit organization, 
in order to participate in HUD single family insurance programs, must 
comply with applicable requirements, including the following:
    (1) Provide a currently valid Letter of Determination from the 
Internal Revenue Service (IRS) confirming that it is tax-exempt under 
section 501(a) pursuant to section 501(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 501(a) and 501(c)(3)), and has maintained such 
status for at least 2 consecutive years;
    (2) Have at least 2 consecutive years of housing development 
experience within the previous 5 years as demonstrated by previous 
experience purchasing, rehabilitating, and reselling residential 
properties, and financial and administrative capacity as determined by 
the Secretary;
    (3) Certify biennially to HUD that it is in compliance with IRS 
regulations pertaining to tax-exempt organizations, including any 
requirement that the nonprofit notify the IRS of any change in its 
character, purpose, or methods of operation;
    (4) Have a voluntary board;
    (5) Have no part of its net earnings inure to the benefit of any 
member, founder, contributor, or individual of the organization;
    (6) Have a functioning accounting system that is operated in 
accordance with generally accepted accounting principles, or designate 
an entity to maintain a functioning accounting system for the 
organization in accordance with generally accepted accounting 
principles;
    (7) Have and maintain a policy and practice of nondiscrimination in 
accordance with 24 CFR 5.105(a);
    (8) Be included on the Nonprofit Organization Roster pursuant to 24 
CFR 200.194; and
    (9) Not assume or use the Employer Identification Number (EIN) of a 
dormant or defunct nonprofit organization.
    (c) Origination limitations. (1) Once an eligible nonprofit 
organization has obtained, in a single fiscal year, FHA insured 
financing for 10 or more properties, it must prepay at least 80 percent 
of the FHA insured mortgages acquired in that year within the 80 
percent payoff period, or it will not be eligible for further FHA 
insured financing;
    (2) An eligible nonprofit organization will not be approved for FHA 
insured financing for three- and four-unit properties, and must meet 
HUD's underwriting requirements for FHA insured financing for two-unit 
properties.
    (d) Nonprofit organizations that currently have portfolios that 
exceed origination limitations. A nonprofit organization or entity 
that, as of the effective date of this regulation:
    (1) Has outstanding FHA insured financing on a large number of 
properties over a multi-year period, regardless of whether it had 
acquired 10 or more within a single fiscal year, may be assessed by HUD 
as to its administrative operations, financial capacity, and past 
performance prior to being approved for additional FHA insured 
financing. HUD may require nonprofit organizations with large FHA 
portfolios to prepay a percentage, to be determined by HUD, of FHA 
insured mortgages before allowing such nonprofit organizations to 
obtain additional FHA insured financing;
    (2) Has FHA insured mortgages on single family properties with 
three- and four-dwelling units may continue to retain that financing 
but may not obtain any other or additional FHA mortgage insurance on 
other such properties.
    (e) Applicability. This section applies to single family mortgage 
insurance programs pursuant to Title II of the National Housing Act and 
to discount purchases by nonprofit organizations without insurance 
under part 291 of this chapter.
    3. Amend Sec. 203.18 by revising paragraph (f)(3) to read as 
follows:


Sec. 203.18  Maximum mortgage amounts.

* * * * *
    (f) * * *
    (3) Eligible non-occupant mortgagor means a mortgagor (or co-
mortgagor, as appropriate) who is not to occupy the dwelling as a 
principal residence or a secondary residence and who is--
    (i) A public entity, as provided in section 214 or section 247 of 
the National Housing Act, or any other State or local government or 
agency thereof;
    (ii) A private nonprofit organization or public entity, as provided 
in section 221(h) or section 235(j) of the National Housing Act, or 
other private nonprofit organization that is exempt from taxation under 
section 501(a) pursuant to 501(c)(3) of the Internal Revenue Code of 
1986 (26 U.S.C. 501(a) and 501(c)(3)), and that complies with the 
requirements of 24 CFR 200.196 and intends to sell the mortgaged 
property to low or moderate income persons, as determined by the 
Secretary;
    (iii) An Indian tribe, as provided in section 248 of the National 
Housing Act;
    (iv) A serviceperson who is unable to meet the occupancy 
requirement because of his or her duty assignment, as provided in 
section 216 of the National Housing Act or section 222(b)(4) or (f) of 
the National Housing Act;
    (v) A mortgagor or co-mortgagor in section 203(k) of the National 
Housing Act (including nonprofit organizations, if they are in 
compliance with the requirements of 24 CFR 200.196); or
    (vi) A mortgagor who, pursuant to Sec. 203.43(c) of this part, is 
refinancing an existing mortgage insured under the National Housing Act 
for not more than the outstanding balance of the existing mortgage, if 
the amount of the monthly payment due under the refinancing mortgage is 
less than the amount due under the existing mortgage for the month in 
which the refinancing mortgage is executed.
* * * * *
    4. Amend Sec. 203.41 by revising paragraph (a)(5) to read as 
follows:


Sec. 203.41  Free assumability; exceptions.

    (a) * * *
    (5) Eligible nonprofit organization means a secular or faith-based 
organization that has tax-exempt status under section 501(a) pursuant 
to section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 
501(a) and 501(c)(3)), and which meets the eligibility requirements 
stated in 24 CFR 200.196(b). The organization must comply with the 
requirements of 24 CFR 200.196(c) and (d) in obtaining FHA insured 
financing.

[[Page 7328]]

PART 291--DISPOSITION OF HUD-ACQUIRED SINGLE FAMILY PROPERTY

    5. The authority citation for 24 CFR part 291 continues to read as 
follows: 12 U.S.C. 1701 et seq.; 42 U.S.C. 1441, 1441a, 1551a, and 
3535(d).
    6. Revise the definition of ``private nonprofit organization'' in 
paragraph (b) of Sec. 291.5 to read as follows.


Sec. 291.5  Definitions.

* * * * *
    (b) * * *
    Private nonprofit organization means a secular or faith-based 
organization, no part of the net earnings of which may inure to the 
benefit of any member, founder, contributor, or individual. The 
organization must meet the eligibility requirements stated in 24 CFR 
200.196(b). If obtaining FHA insured financing, the organization must 
comply with the additional requirements of 24 CFR 200.196(c) and (d).
* * * * *

    Dated: January 12, 2004.
Sean Cassidy,
General Deputy Assistant Secretary for Housing--Federal Housing 
Commissioner.
[FR Doc. 04-3138 Filed 2-12-04; 8:45 am]
BILLING CODE 4210-27-P