[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Pages 62071-62073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23698]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-55]


Revocation and Redelegation of Authority: Office of Affordable 
Housing Preservation

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

ACTION: Notice of revocation and redelegation of authority.

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SUMMARY: Published elsewhere in today's Federal Register, the Secretary 
of HUD issued a delegation of authority

[[Page 62072]]

to the Assistant Secretary for Housing--Federal Housing Commissioner 
(Assistant Secretary) authorizing him to carry out the provisions of 
the Multifamily Assisted Housing Reform and Affordability Act (MAHRA). 
Under this notice, the Assistant Secretary is redelegating authority to 
carry out provisions of MAHRA to the General Deputy Assistant 
Secretary--Deputy Federal Housing Commissioner (General Deputy 
Assistant Secretary) and to staff within the Office of Affordable 
Housing Preservation.

DATES: Effective October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Eliot C. Horowitz, Senior Advisor to 
the Assistant Secretary for Housing--Federal Housing Commissioner, 
Office of Housing, Department of Housing and Urban Development, Room 
9110, Washington, DC 20410-8000, telephone (202) 708-0614. (This is not 
a toll-free number.) Persons with hearing or speech impairments may 
call HUD's toll-free Federal Information Relay Service at (800) 877-
8339.

SUPPLEMENTARY INFORMATION: The Mark-to-Market program was established 
under the Multifamily Assisted Housing Reform and Affordability Act, 
Title V. of Public Law 105-65 (approved October 27, 1997), 42 U.S.C. 
1437f note, as amended (MAHRA). Under the Mark-to-Market program, HUD 
is authorized to restructure the mortgage financing of projects, 
financed with HUD-insured or HUD-held mortgages and receiving project-
based Section 8 assistance. As originally enacted, MAHRA provided for 
the establishment of the Office of Multifamily Housing Assistance 
Restructuring (OMHAR), for the purpose of administering the program. 
However, present amendments to MAHRA provide for the elimination of 
OMHAR as of September 30, 2004, and for the continuation of the Mark-
to-Market program subsequent to that date.
    Elsewhere in today's Federal Register, the Secretary has delegated 
to the Assistant Secretary for Housing--Federal Housing Commissioner 
responsibility for administering the Mark-to-Market program after 
September 30, 2004. For the purpose of carrying out those 
responsibilities, the Assistant Secretary for Housing is creating the 
Office of Affordable Housing Preservation (OAHP), a new office within 
the Office of Housing. OAHP will be responsible for carrying out HUD's 
Mark-to-Market program.
    Under this redelegation of authority, the Assistant Secretary is 
redelegating authority to administer the program to the General Deputy 
Assistant Secretary and to various officials within OAHP.
    The Office of Affordable Housing Preservation is headed by a Deputy 
Assistant Secretary (DAS) and an Associate Deputy Assistant Secretary 
(ADAS). OAHP is headquartered in Washington, DC and has two field 
offices; one located in Washington, DC, the other in Chicago, IL. OAHP 
also has staff out-stationed in New York City.
    Within this redelegation, the Assistant Secretary is redelegating 
authority to the General Deputy Assistant Secretary; the OAHP Deputy 
Assistant Secretary; the OAHP Associate Deputy Assistant Secretary; 
OAHP Directors; OAHP Deputy Directors; the Bonds and Appeals Manager, 
at headquarters; and the Rehabilitation Escrow Administration Division 
Manager, out-stationed in New York City.
    Based upon the foregoing, the Assistant Secretary for Housing 
hereby redelegates authority as follows:

I. Authority Redelegated

    A. The Assistant Secretary for Housing redelegates to the General 
Deputy Assistant Secretary (GDAS) the following authority:
    All authority necessary to carry out the provisions of the Mark-to-
Market Program, 42 U.S.C. 1437f note, except for the authority to issue 
and/or waive regulations; and except for the authority to sue and be 
sued.
    B. The Assistant Secretary for Housing redelegates to the OAHP 
Deputy Assistant Secretary (DAS) and to the OAHP Associate Deputy 
Assistant Secretary (Associate DAS), the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions and to waive any directive issued by OAHP that is 
not mandated by a statute or regulation.
    (2) To administer all provisions of MAHRA, including but not 
limited to the following:
    (a) To make eligibility determinations under sections 512 and 516 
of MAHRA;
    (b) To enter into, modify and or extend agreements with 
participating administrative entities under section 513 of MAHRA;
    (c) In connection with a restructuring transaction, to make rent 
and/or mortgage restructuring determinations under sections 514, 515, 
517 and 524; and
    (d) To terminate, modify or affirm any decision on appeal under 
MAHRA.
    (3) In connection with a restructuring transaction, to modify the 
principal balance, payments, interest rate, and amortization period and 
other terms of existing FHA insured and HUD-held mortgages including 
any HUD or Secretary-held subordinate debt encumbering or otherwise 
related to a project; and to issue restructuring commitments and 
closing documents relating to such debt.
    (4) To issue HUD forms 92264 and 92264A upon approval of a 
restructuring plan.
    (5) In connection with a restructuring transaction, to approve 
transfers of physical assets.
    (6) In connection with a restructuring transaction, to approve 
environmental assessment and compliance findings for related laws 
report, HUD form 4128.1.
    (7) To issue a commitment to insure and endorse for insurance a 
mortgage note given to refinance a HUD-insured or HUD-held mortgage, 
pursuant to section 223(a)(7) of the National Housing Act (12 U.S.C. 
1715n).
    (8) For qualified nonprofits acquiring projects that are the 
subject of a restructuring transaction, to modify, assign or forgive 
debt created in the restructuring.
    (9) To administer escrow accounts and modify the agreement 
established under the restructuring transaction, for the purpose of 
addressing immediate and near term rehabilitation needs of a project.
    (10) To perform all source selection official duties, subject to 
laws, regulations, and HUD policies and procedures governing the 
procurement process.
    (11) To administer grant programs, other than selecting a grantee 
as only the Assistant Secretary for Housing is authorized to function 
as the Grant Official for the Office of Housing.
    C. The Assistant Secretary for Housing redelegates to each OAHP 
Director and OAHP Deputy Director, in the Field Offices and at 
Headquarters, the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions and to waive any directive issued by OAHP that is 
not mandated by a statute or regulation.
    (2) To administer the following provisions of MAHRA:
    (a) To make eligibility determinations under sections 512 and 516 
of MAHRA;
    (b) In connection with a restructuring transaction, to make rent 
and/or mortgage restructuring determinations under sections 514, 515, 
517 and 524; and
    (c) To reject or hear and decide any appeal made to the Production 
Office under 24 CFR 401.645 or other permissible procedure.
    (3) In connection with a restructuring transaction, to modify the 
principal balance, payments, interest rate, and amortization period and 
other terms of existing FHA insured and HUD-held

[[Page 62073]]

mortgages including any HUD or Secretary-held subordinate debt 
encumbering or otherwise related to a project; and to issue 
restructuring commitments and closing documents relating to such debt.
    (4) To issue HUD forms 92264 and 92264A upon approval of a 
restructuring plan.
    (5) In connection with a restructuring transaction, to approve 
transfers of physical assets.
    (6) In connection with a restructuring transaction, to approve 
environmental assessment and compliance findings for related laws 
report, HUD form 4128.1.
    (7) To issue a commitment to insure and endorse for insurance a 
mortgage note given to refinance a HUD-insured or HUD-held mortgage, 
pursuant to section 223(a)(7) of the National Housing Act (12 U.S.C. 
1715n).
    (8) For qualified nonprofits acquiring projects that are the 
subject of a restructuring transaction, to modify, assign or forgive 
debt created in the restructuring.
    D. The Assistant Secretary for Housing redelegates to the 
Rehabilitation Escrow Administration Manager, the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions related to the rehabilitation needs of a project 
that was the subject of a restructuring transaction, and to waive any 
directive issued by OAHP that is not mandated by a statute or 
regulation.
    (2) To administer escrow accounts and modify the agreement 
established under the restructuring transaction, for the purpose of 
addressing immediate and near term rehabilitation needs of a project.
    E. The Assistant Secretary for Housing redelegates to the Bonds and 
Appeals Manager, the following authority:
    (1) To modify and sign any documents necessary to perform 
enumerated functions related to appeals under MAHRA and/or the 
regulations promulgated under MAHRA.
    (2) To reject or hear and decide any appeal under MAHRA and/or the 
regulations promulgated under MAHRA except for 24 CFR 401.645

II. Authority Excepted

    The authority redelegated herein does not include the authority to 
issue or to waive HUD regulations. The authority redelegated herein 
also does not include the authority to sue or be sued.

III. Further Redelegation

    The authority redelegated herein may not be further redelegated.

    Authority: Section 7(d), Department of Housing and Urban 
Development Act (42 U.S.C. 3535(d)).

    Dated: October 7, 2004.
John C. Weicher,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 04-23698 Filed 10-21-04; 8:45 am]
BILLING CODE 4210-27-P