[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Rules and Regulations]
[Pages 104031-104040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30330]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 /
Rules and Regulations
[[Page 104031]]
DEPARTMENT OF AGRICULTURE
Rural Housing Service
7 CFR Part 3565
[Docket No. RHS-24-MFH-0043]
Loan Guarantees Under the Section 538 Guaranteed Rural Rental
Housing Program
AGENCY: Rural Housing Service, Department of Agriculture (USDA).
ACTION: Notification of updates in the competitive lender submissions
process.
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SUMMARY: The Rural Housing Service (RHS or Agency), an agency within
Rural Development (RD), announces updates in the process for
competitive lender application submissions regarding proposed
properties for the Section 538 Guaranteed Rural Rental Housing Program
(GRRHP). The amount of program dollars available for the GRRHP will be
determined by the Appropriations Act for each fiscal year.
DATES: The effective date of the process updates is December 20, 2024.
ADDRESSES: Applications must be submitted electronically in accordance
with the instructions in section IV of this notification. Applications
will be accepted on a continuous basis. Complete applications that are
deemed eligible for further processing will be funded to the extent an
Appropriations Act provides sufficient funding in the fiscal year the
application is selected. If funding is not sufficient in any given
fiscal year, funding will be provided under the next funding
Appropriations Act, subject to the availability of funds. Approved
applications are subject to the fee structure in effect when the
application is received by the Agency.
FOR FURTHER INFORMATION CONTACT: Jonathan Bell, Director, Processing
and Report Review Branches, Production and Preservation Division,
Multifamily Housing Programs, Rural Development, United States
Department of Agriculture, via email: [email protected] or
telephone: 202-205-9217. Hearing or speech-impaired persons may access
that number by calling the 711 Federal Information Relay Service.
SUPPLEMENTARY INFORMATION:
Authority
The GRRHP is authorized under section 538 of the Housing Act of
1949, as amended, 42 U.S.C. 1490p-2, and implemented under 7 CFR part
3565.
Background
RHS is committed to helping improve the economy and quality of life
in rural areas by offering a variety of programs. The Agency offers
loans, grants, and loan guarantees to help create jobs, expand economic
development, and provide critical infrastructure investments. RHS also
provides technical assistance loans and grants by partnering with
agricultural producers, cooperatives, Indian tribes, non-profits, and
other local, state, and Federal agencies.
The Section 538 GRRHP is a program administered by the RHS, under
the authority of the Housing Act of 1949, as amended (42 U.S.C. 1490p-
2). The purpose of the GRRHP is to increase the supply of affordable
rural rental housing, using loan guarantees that encourage partnerships
between the RHS, private lenders, and public agencies.
On April 28, 2023 (88 FR 26221), the Agency published a
notification in the Federal Register to consolidate all changes to the
Section 538 GRRHP program. Pursuant to 7 CFR part 3565, any changes to
the selection and/or scoring criteria or fees charged in subsequent
years will be announced in a notification published in the Federal
Register. Accordingly, this notification replaces the notification
published on April 28, 2023 (88 FR 26221), and the correction
notification published on July 17, 2023 (88 FR 46047), as the reference
for interested parties to follow when submitting GRRHP applications.
Expenses incurred in developing applications will be at the
applicant's risk. The following paragraphs outline the eligibility
requirements, lender responsibilities, and the overall application
processes.
Any future modifications to this notification, including changes to
the selection and/or scoring criteria or fees charged in subsequent
years, will be published in the Federal Register.
Discussion of Program Updates
The Agency announces the following updates to the GRRHP:
1. The Agency added a new priority scoring criteria related to
maturing mortgages in section 514/515 and section 538 joint
transactions.
2. The Agency adjusted the priority scoring criteria points.
3. The Agency added a new priority scoring criteria related to
waiving the Qualified Contract rights on applications that are funded
using Low Income Housing Tax Credits.
4. The Section 538 GRRHP Response Form will now be titled and
referred to as the Section 538 GRRHP Response Template. The Section 538
GRRHP Response Template is not required; however, the Agency encourages
applicants to utilize and submit the template along with their complete
application to streamline the review process. The template is available
on the Agency's Multifamily Housing Loan Guarantees website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-loan-guarantees) for applicants that choose to
utilize it. If the applicant chooses not to use the template, the
information is still required to be submitted with the completed
application.
5. The Agency is requiring lenders to include the proposed closing
date in their application submission.
6. The Agency is requiring lenders to provide information regarding
commercial space associated with the property.
7. The Agency is requiring lenders to identify each principal
involved in the Section 538 GRRHP transaction in their application
submission.
8. The Agency has modified the instructions for initiating the
application process.
I. Funding Opportunity Description
The GRRHP program is administered subject to appropriations by the
United States Department of Agriculture (USDA) as authorized under
section 538 of the Housing Act of 1949, as amended, 42 U.S.C. 1490p-2,
and is implemented under 7 CFR part 3565. The Section 538 GRRH program
will continue to follow procedures similar to other RD
[[Page 104032]]
guaranteed loan programs and accept applications on a continuous basis.
The purpose of the GRRHP is to increase the supply of affordable
rural rental housing using loan guarantees to encourage partnerships
between the Agency, private lenders, and public agencies.
Eligibility of Prior Fiscal Year Applications: Prior fiscal year
complete applications that were submitted to the Agency but not funded
due to lack of available funding will be eligible for review under the
current notice without having to submit a new application.
If approved, applications submitted under a previous fiscal year
notice will be obligated in the order that the request for obligation
was received, to the extent of available funding.
Once the outstanding prior years approved applications have been
funded, the Agency will fund applications approved in the current
fiscal year in the order by which the request for obligation was
received. If funding is insufficient to serve all applications approved
in the current fiscal year, they will be funded according to the
priority scoring set forth in section V of this notification.
The obligation of program funds is discussed further in section VI
of this notification.
II. Award Information
Anyone interested in submitting an application for funding under
this program is encouraged to visit the RD website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-loan-guarantees) periodically for updated
information regarding the status of funding authorized for this
program.
(1) Qualifying Properties: Qualifying properties include new
construction for multifamily housing units and the acquisition of
existing structures with a minimum per unit rehabilitation expenditure
requirement in accordance with 7 CFR 3565.252. This may include the
revitalization, repair, and transfer (as stipulated in 7 CFR 3560.406)
of existing Section 515 Rural Rental Housing (RRH) and existing Section
514/516 Farm Labor Housing (FLH). The Agency does not finance
acquisition only deals.
Transfer costs are subject to Agency approval. All costs must be an
eligible use of loan proceeds as listed in 7 CFR 3565.205. Properties
involved in the Agency's Multifamily Preservation and Revitalization
(MPR) Demonstration are subject to an equity payment, as stipulated in
7 CFR 3560.406(e). In accordance with 7 CFR 3565.252, the property must
have a need for repairs of at least $6,500 per dwelling unit and must
undergo revitalization.
If the transaction includes a transfer of ownership and assumption
of loan for a Section 515 RRH property, the complete 538 application
and the complete Section 515 RRH transfer of ownership application must
be submitted simultaneously, same day, to the Agency. If the complete
538 application is not submitted simultaneously with the Section 515
RRH transfer of ownership application, the 538 application will be
rejected and returned to the lender. The lender may resubmit the
application when both the complete 538 application and the 515 RRH
transfer of ownership application can be submitted simultaneously.
(2) Eligible Financing Sources: Any form of Federal, State, and
conventional sources of financing can be used in conjunction with the
loan guarantee, including HOME Investment Partnerships Program (HOME)
grant funds, tax exempt bonds, and Low-Income Housing Tax Credits
(LIHTC).
(3) Types of Guarantees: The Agency offers three types of
guarantees, which are set forth at 7 CFR 3565.52(c). The Agency
liability under any guarantee will decrease or increase, in proportion
to any decrease or increase in the amount of the unpaid portion of the
loan, up to the maximum amount specified in the Loan Note Guarantee.
Penalties incurred as a result of default are not covered by any of the
program's guarantees. The Agency may provide a lesser guarantee based
upon its evaluation of the credit quality of the loan.
(4) Interest Credit: There will be no interest credit.
(5) Program Fees: The following fees have been determined necessary
to cover the projected cost of loan guarantees. These fees may be
adjusted based on the Appropriation requirements and in future years to
cover the projected costs of loan guarantees in those future years, or
additional fees may be charged. Any changes to the program fees will be
announced in a notification published in the Federal Register. The fees
are as follows:
(a) Initial guarantee fee. The Agency will charge an initial
guarantee fee pursuant to 7 CFR 3565.53(a). For purposes of calculating
this fee, the guarantee amount is the product of the percentage of the
guarantee times the initial principal amount of the guaranteed loan.
(b) Annual guarantee fee. An annual guarantee fee based on the
outstanding principal amount of the loan as of December 31 will be
charged each year or portion of a year that the guarantee is
outstanding, pursuant to 7 CFR 3565.53(b). The guarantee fee is paid in
advance.
(c) As permitted under 7 CFR 3565.302(b)(5), there is a non-
refundable service fee of $1,500 for the review of a lender's first
request to extend the term of a guarantee commitment beyond its
original expiration (the request must be received by the Agency prior
to the commitment's expiration). For any subsequent extension request
on the same guarantee, the fee will be $2,500.
(d) As permitted under 7 CFR 3565.302(b)(5), there is a non-
refundable service fee of $3,500 for the review of a lender's first
request to reopen an application when a commitment has expired. For any
subsequent request to reopen the same application after the commitment
has expired, the fee will be $3,500.
(e) As permitted under 7 CFR 3565.302(b)(4), there is a non-
refundable service fee of $1,500 in connection with a lender's request
to approve the transfer of property or a change in composition of the
ownership entity.
(f) There is no application fee.
(g) There is no lender application fee for lender approval.
(h) There is no surcharge for the guarantee of construction
advances.
The current initial and annual guarantee fees can be found in a
notice published in the Federal Register (87 FR 12077) on March 3,
2022, at the following website: https://www.federalregister.gov/documents/2022/03/03/2022-04442/new-fee-structure-for-section-538-guaranteed-rural-rental-housing-program-initial-and-annual. If changes
occur in the fee amounts, the Agency will release those changes through
a notice in the Federal Register and will provide guidance on how to
process the loans which will be impacted by the new fee structure.
III. Lender Eligibility Information
(1) Eligible Lenders: An eligible lender for the Section 538 GRRHP
as required by 7 CFR 3565.102 must be a licensed business entity or
Housing Finance Agency (HFA) in good standing in the State or States
where it conducts business. Lender eligibility requirements are
contained in 7 CFR 3565.102. Please review that section for a complete
list of all the criteria. The Agency will only consider applications
from GRRHP eligible, or approved lenders as described in 7 CFR 3565.102
and 3565.103, respectively.
Lenders who do not have GRRHP approved lender status and whose
applications are approved will be notified by the Agency to submit a
[[Page 104033]]
request for GRRHP lender approval within 30 days of notification.
Alternately, lenders may submit a request for GRRHP approved lender
status with their project application submission. Lenders who request
GRRHP approval must meet the standards in 7 CFR 3565.103. The loan note
guarantee will not be issued to lenders that have not been vetted and
determined to be eligible by the Agency to participate in the GRRHP
programs.
Lenders that have received GRRHP lender approval that remain in
good standing in accordance with 7 CFR 3565.105 do not need to reapply
for GRRHP lender approval.
(2) System for Award Management and Unique Entity Identifier:
(a) At the time of application, each applicant must have an active
registration in the System for Award Management (SAM) before submitting
its application in accordance with 2 CFR part 25. To register in SAM,
entities will be required to obtain a Unique Entity Identifier (UEI).
Instructions for obtaining the UEI are available at https://sam.gov/content/entity-registration.
(b) Applicants must maintain an active SAM registration, with
current, accurate and complete information, at all times during which
they have an active Federal award or an application under consideration
by a Federal awarding agency.
(c) Applicant must ensure they complete the Financial Assistance
General Representations and Certifications in SAM.
(d) Applicants must provide a valid UEI in its application, unless
determined exempt under 2 CFR 25.110.
(e) The Agency will not make an award until the applicant has
complied with all SAM requirements including providing the UEI. If an
applicant has not fully complied with the requirements by the time the
Agency is ready to make an award, the Agency may determine that the
applicant is not qualified to receive a Federal award and use that
determination as a basis for making a Federal award to another
applicant.
Submission of Documentation for GRRHP Lender Approval:
All lenders that have not yet received GRRHP lender approval must
submit a complete lender application to: Multifamily Housing Asset
Management Division, Branch Chief, Risk and Counterparty Oversight,
[email protected]. Lender applications must be identified as
``Lender Application--Section 538 Guaranteed Rural Rental Housing
Program'' in the subject line.
IV. Application Submission Information
Applications will be accepted on a continuous basis. Applications
that are deemed eligible for further processing will be funded to the
extent an Appropriations Act provides sufficient funding in the fiscal
year the application is selected. If funding is not sufficient in any
given fiscal year, funding will be provided under the next funding
Appropriations Act, subject to the availability of funds. Approved
applications are subject to the fee structure in effect when the
application is received by the Agency.
(1) To initiate the application process, the applicant must send an
email of interest to the RHS Production and Preservation Division at
[email protected]. The email message must contain the
following information:
a. Subject line: Section 538 GRRHP Application Submission
b. Body of email: Borrower Name, Project Name, Borrower Contact
Information (including address, phone number, email address to receive
application submission information) and Project State.
c. Request language: ``Please provide application submission
instructions so that we may submit our Section 538 GRRHP application
and supporting documents.''
Application submission instructions will be emailed to all
interested respondents supplying valid email addresses within two (2)
business days from the date the email of interest is received by the
Agency.
(2) All applications require lender information and project
specific data as set out in this notification. Complete applications
must include a signed cover letter from the lender, on the lender's
letterhead. The lender must provide the requested information as
outlined in this notification concerning the property, to establish the
purpose of the proposed property, its location, and how it meets the
established priorities for funding.
In compliance with Agency guidance to determine the lender's
(participants) eligibility, the Agency is responsible for screening
lenders in the Do Not Pay Portal for the following: (1) Credit Alert
System (CAIVRS); (2) System for Award Management Entity Registration
Records (SAMENT); (3) System for Award Management Exclusion Records-
Restricted (SAM-EXCL-RES) and (4) Treasury Offset Program Debt Check
(DBCK). If the lender is a non-profit, the Agency will also screen for
Internal Revenue Service (IRS) Automatic Revocation of Exemption List
(ARL).
Screening will take place when the lender submits a complete
application to the Agency. At the time of application, each lender must
have an active registration in SAM before submitting its application in
accordance with 2 CFR 25.200. To register in SAM, entities will be
required to obtain a UEI. Instructions for obtaining the UEI are
available at https://sam.gov/entity-registration. Further information
regarding SAM registration and the UEI can be found in the Lender
Eligibility Information section of this notification.
Also, as part of the complete application package, the lender must
provide a list of all the lender's principals (in accordance with the
definition below) in the organization. This information will be used to
screen the lender's principals in the Do Not Pay Portal for SAM-EXCL-
RES at the application stage.
As codified at 2 CFR 180.995, ``Principal'' is defined as: (a) an
officer, director, owner, partner, principal investigator, or other
person within a participant with management or supervisory
responsibilities related to a covered transaction; or (b) a consultant
or other person, whether or not employed by the participant or paid
with Federal funds, who--(1) is in a position to handle Federal funds;
(2) is in a position to influence or control the use of those funds; or
(3) occupies a technical or professional position capable of
substantially influencing the development or outcome of an activity
required to perform the covered transaction.
(a) Lender Certification: The lender must certify that the lender
will make a loan to the prospective borrower for the proposed property,
under specified terms and conditions subject to the issuance of the
GRRHP guarantee. Lender certification must be on the lender's
letterhead and signed by both the lender and the prospective borrower.
(b) Project Specific Data: The lender must submit the project
specific data below. For the applicant's convenience, the Agency has
made a Section 538 GRRHP Response Template available on the Agency's
Multifamily Housing Loan Guarantees website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-loan-guarantees) for applicants that choose to utilize it. The template
is not required; however, the information is required with a complete
application. The Agency encourages applicants to utilize and submit the
template along with their complete application to streamline the review
process.
[[Page 104034]]
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Information that must be
Data element included
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Lender Name............................ Insert the lender's name.
Lender Tax ID #........................ Insert lender's tax ID number.
Lender Unique Entity Identifier (UEI).. Insert lender's (UEI).
Lender Contact Name.................... Name of the lender contact for
loan.
Mailing Address........................ Lender's complete mailing
address.
Phone #................................ Phone number for lender
contact.
Fax #.................................. Insert lender's fax number.
E-Mail Address......................... Insert lender contact e-mail
address.
List of Lender's Principals............ Complete list of all of the
lender's principals involved
in the transaction.
Borrower Name and Organization Type.... State whether borrower is a
Limited Partnership,
Corporation, Indian Tribe,
etc.
Equal Opportunity Survey............... Optional Completion.
Tax Classification Type................ State whether borrower is for
profit or not for profit.
Borrower Tax ID #...................... Insert borrower's tax ID
number.
Borrower UEI (if applicable)........... Insert borrower's UEI.
Borrower Address, including County..... Borrower's complete address and
county.
Borrower Phone # and E-Mail Address.... Insert borrower's phone number
and e-mail address.
Principal or Key Member for the Insert name and title. List the
Borrower (as defined in 2 CFR 180.995). general partners if a limited
partnership, officers if a
corporation or members of a
Limited Liability Corporation.
Borrower Information and Statement of Attach relevant information.
Housing Development Experience.
New Construction, Acquisition with State whether the project is
Rehabilitation. new construction or
acquisition with
rehabilitation.
Revitalization, Repair, and Transfer Yes or No (Transfer costs,
(as stipulated in 7 CFR 3560.406) of including equity payments, are
Existing Direct Section 515 and subject to Agency approval and
Section 514/516 FLH or MPR. must be an eligible use of
loan proceeds in 7 CFR
3565.205).
Project Location Town or City.......... Town or city in which the
project is located.
Project County......................... County in which the project is
located.
Project State.......................... State in which the project is
located.
Project Zip Code....................... Insert zip code where the
project is located.
Project Congressional District......... Congressional District for
project location.
Project Name........................... Insert project name.
Project Type........................... Family, senior (all residents
55 years or older), or mixed.
Property Description and Proposed Provide as an attachment.
Development Schedule.
Total Project Development Cost......... Enter amount for total project.
# of Units............................. Insert the number of units in
the project.
Ratio of 3-5 Bedroom Units to Total Insert percentage of 3-5
Units. bedroom units to total units.
Cost Per Unit.......................... Total development cost divided
by number of units.
Rent................................... Proposed rent structure.
Median Income for Community............ Provide median income for the
community.
Evidence of Site Control............... Attach relevant information.
Description of any Environmental issues Attach relevant information.
referenced in the Phase I report.
Loan Amount............................ Insert the loan amount.
Borrower's Proposed Equity............. Insert amount and source.
Low Income Housing Tax Credits, if Have tax credits been awarded?
applicable. If tax credits were awarded,
submit a copy of the award/
evidence of award with your
application.
If not, when do you anticipate
an award will be made
(announced)?
What is the [estimated] value
of the tax credits?
Letters of application and
commitment letters should be
included, if available.
Low Income Housing Qualified Contract A document certifying the QC
(QC) Waiver Documentation, if rights have been waived must
applicable. be included with the complete
application if the applicant
is seeking priority points for
waiver of QC rights.
Maturing Mortgage Date of existing Include maturity date.
Section 515/514/516 Rural Development
properties (if applicable).
Other Sources of Funds................. List all funding sources other
than tax credits and amounts
for each source, type, rates
and terms of loans or grant
funds.
Loan to Total Development Cost......... Guaranteed loan divided by the
total development costs of
project.
Debt Coverage Ratio.................... Net Operating Income divided by
debt service payments.
Percentage of Guarantee................ Percentage guarantee requested.
Collateral............................. Attach relevant information.
Colonia, Tribal Lands, or State's Colonia, on an Indian
Consolidated Plan or State Needs Reservation, or in a place
Assessment. identified in the State's
Consolidated Plan or State
Needs Assessment as a high
need community for multifamily
housing.
Is the Property Located in a Federally If yes, please provide
Declared Disaster Area?. documentation (e.g.,
Presidential Declaration
document).
Population............................. Provide the population of the
county, city, or town where
the project is or will be
located.
What Type of Guarantee is Being Enter the type of guarantee.
Requested, Permanent Only (Option 1),
Construction and Permanent (Option 2),
or Continuous (Option 3).
Loan Term.............................. State repayment and
amortization terms (Minimum 25-
year term.
[[Page 104035]]
Maximum 40-year term (includes
construction period).
May amortize up to 40 years.
Balloon mortgages permitted
after the 25th year.)
Guarantee Fee Structure Designation.... Indicate the Guarantee Fee
Structure:
Standard Fee.
Preservation of 514/515/516.
Workforce Housing.
Energy Efficient/Green.
(Documentation is required).
Participation in Energy Efficient Initial checklist indicating
Programs. prerequisites to register for
participation in a particular
energy efficient program. All
checklists must be accompanied
by a signed affidavit by the
project architect stating that
the goals are achievable. If
property management is
certified for green property
management, the certification
must be provided.
Proposed Closing Date.................. Include the proposed closing
date of the Section 538 GRRHP
loan.
Is commercial space associated with Indicate Yes or No.
this property?.
If commercial space is associated, Indicate Yes, No or N/A. (If
please indicate if the Gross Floor yes, Agency approval is
(GF) Area exceeds 10% of residential required).
units/common area.
If commercial space is associated with Indicate Yes, No or N/A. (If
the property, please indicate if the yes, Agency approval is
income from the commercial space required).
activity exceeds 10% of the annual
operating income.
------------------------------------------------------------------------
(c) The Proposed Borrower Information:
i. In accordance with 2 CFR 180.300, the lender must verify and
provide documentation to the Agency that the borrowing entity and the
borrowing entity's principals are not excluded or disqualified; and the
lender's borrower must verify the management agent and the management
agent's principals are not excluded or disqualified by:
a. Checking SAM Exclusions (https://sam.gov); or
b. Collecting a certification; or
c. Adding a clause or condition to the covered transaction.
The lender must provide a certification to the Agency that their
borrower verified the management agent and the management agent's
principals are not excluded or disqualified.
ii. Borrower's unaudited or audited financial statements.
(d) Lender Eligibility and Approval Status: Evidence that the
lender is either an approved lender for the purposes of the GRRHP or
that the lender is eligible to apply for approved lender status. The
lender's application package requesting approved lender status can be
submitted with the application. If a lender who has not yet been
approved by the Agency submits a Section 538 GRRHP complete
application, the lender approval application must be submitted to the
Multifamily Housing Asset Management Division, Risk and Counterparty
Oversight Branch, [email protected] within 30 calendar days of
application submission or within 30 calendar days of Agency
notification, whichever is later (see SUBMISSION OF DOCUMENTATION FOR
GRRHP LENDER APPROVAL above). The Agency will not issue a loan note
guarantee until the lender is approved by the Agency.
(e) Competitive Criteria: Information that shows how the proposal
is responsive to the priority scoring criteria specified in this
notification.
(3) Content of Application: The lender must submit a complete
application which consists of the following:
(1) Section 538 GRRHP Response Template. The project specific data
outlined above in section IV (2) (b). For the applicant's convenience,
the Agency has made a Section 538 GRRHP Response Template available on
the Agency's Multifamily Housing Loan Guarantees website (https://www.rd.usda.gov/programs-services/multifamily-housing-programs/multifamily-housing-loan-guarantees) for applicants that choose to
utilize it; however, the template is not required. The Agency
encourages applicants to utilize and submit the template along with
their complete application to streamline the review process. If the
applicant chooses not to use the template, the information is still
required to be submitted with the completed application.
(2) Lender Certification. The lender's certification will serve as
assurance to the Agency that the borrower, the project, and the
proposed financing meet the lender's standards for loan making. The
lender must certify the following on the lender's letterhead:
[shabox1] The information contained in the application is
consistent with the lender's underwriting and loan making standards.
[shabox1] That a current and accurate list of the lender's Officers
and Principals has been provided to the Agency.
[shabox1] The lender has completed the lender's review and has
identified any significant findings in a narrative attached to the
certification.
[shabox1] The lender agrees to make a loan to the borrower for the
proposed project, subject to the Agency's issuance of an appropriate
guarantee option.
[shabox1] The proposed loan amount (for such part of the property
attributable to dwelling use) does not exceed the applicable maximum
per unit dollar amount limitations under section 207 (c) of the
National Housing Act.
[shabox1] The owner and development team have the qualifications
and experience sufficient to carry out development, management, and
ownership responsibilities.
[shabox1] If the lender is applying for a continuous guarantee, the
project has the appropriate low loan-to-cost ratio as determined by the
Agency [7 CFR 3565.52(c)(3)].
[shabox1] The property is located in an eligible rural area.
[shabox1] The lender has conducted due diligence and the results
have been taken into consideration in the appraisal.
[shabox1] The lender has reviewed and approved the management plan
and agreement and confirmed that they are consistent with Agency
requirements.
[shabox1] The construction meets basic construction requirements.
(3) Exhibits and Supporting Information. Forms to be included in
the application package:
[shabox1] Form RD 3565-1, Application for Loan and Guarantee.
[shabox1] Form RD 3565-3, Lender's Agreement.
[shabox1] RD Instruction 1940-Q, Exhibit A-2, Statement for Loan
Guarantees.
[[Page 104036]]
[shabox1] Attachment 4-D, Housing Allowances for Utilities and Other
Public Services.
[shabox1] Form RD 1944-37, Previous Participation Certification.
[shabox1] Form RD 3560-30, Certification of No Identity of Interest
(IOI), if applicable.
[shabox1] Form RD 3560-31, Identity of Interest Disclosure/
Qualification Certification, if applicable.
[shabox1] Form RD 1910-11, Applicant Certification, Federal Collection
Policies for Consumer or Commercial Debts.
[shabox1] FEMA Form 086-0-32, Special Flood Hazard Determination (7 CFR
3565.254).
[shabox1] Form RD 1924-13, Estimate and Certificate of Actual Cost.
[shabox1] Form RD 400-4, Assurance Agreement.
[shabox1] Form RD 1924-25, Plan Certification Form.
[shabox1] Form RD 400-1, Equal Opportunity Agreement.
[shabox1] Form RD 400-6, Compliance Statement.
(4) Other Required Supporting Information:
(i) Borrower information:
[shabox1] Financial statements with certification(s) (newly formed
entities applying for a construction/permanent guarantee do not need to
provide financial statements at the time of application).
[shabox1] Credit report for the entity and any guarantor.
[shabox1] Proposed limited partnership agreement and certificate of
limited partnership (if applicable). Agency requirements should be
contained in one section of the agreement and their location identified
by the borrower or their attorney in a cover sheet.
[shabox1] If a corporate entity, its Articles of Organization and
its Operating Agreement.
(ii) If the borrower is a nonprofit organization:
[shabox1] Tax-exempt ruling from the IRS designating them as a
501(c)(3) or 501(c)(4) organization. If the designation is pending, a
copy of the designation request must be submitted.
[shabox1] Evidence of organization under State law or copies of
pending applications.
[shabox1] A list of board members.
(iii) If the borrower is a public body:
[shabox1] The enabling statute or the State law of organization.
(iv) Project Information:
[shabox1] An application fee, if required by the Agency.
[shabox1] An appraisal.
[shabox1] A market study. Contents of the market study should
include, at a minimum, the following information:
1. A complete description of the proposed site, including location
of the land, location of services, and their distances from the site.
2. Major employment data including: the name, location, and date of
establishment of any major employers within the community; the product
or service of each employer; the number of employees and salary range
for each employer; and business permits issued per year for the last
three years.
3. Population by year, number, and total, plus the annual increase/
decrease and percentage.
4. Population characteristics by age.
5. Household data by number, year, and number of persons per
household.
6. Breakdown of households by owners and renters.
7. Households by income group.
8. Building permits issued per year for single and multiple unit
dwellings.
9. Housing stock as defined by total number of units: one unit
buildings, two or more unit buildings, mobile homes, and the number of
these lacking some, or all, plumbing facilities (substandard housing).
10. A survey of existing rental housing including: name, number of
units, bedroom mix, family or elderly type, year built, rent,
vacancies, location, and amenities.
11. Number of rent-overburdened households.
12. A projection of housing demand based on:
(a) Household growth.
(b) Units constructed since the last census.
(c) Number of owned and rented units.
(d) Number of replacements.
(e) Number of persons in the eligible income range.
13. For proposals where the applicant is requesting low-income
housing tax credits (LIHTC), the applicant must provide the number of
LIHTC units and the maximum LIHTC incomes and rents by unit size. This
information will determine the levels of incomes in the market area
which will support the basic rents while also qualifying the borrower
for tax credits.
[shabox1] Project information including project name, location,
number and type of units, the development team, property manager,
lawyer, and syndicator. The development team includes the developer
(including all principals), architect, and contractor.
[shabox1] Capital Needs Assessment (for rehabilitation loans only).
Does the Capital Needs Assessment and Capital Improvement Plan call for
a replacement reserve escrow that meets or exceeds the $1,000/unit
threshold by year three? If not, document underwriting explanation (7
CFR 3565.254(b)(4)). Include a Reserve for Replacement schedule.
[shabox1] State Clearinghouse comments or recommendations.
[shabox1] Site plan, including contour lines.
[shabox1] Plot plan.
[shabox1] Floor plan of each living unit type and other type
spaces.
[shabox1] Building exterior elevations.
[shabox1] FEMA Form 086-0-33, Elevation Certificate.
[shabox1] Typical building exterior wall section.
[shabox1] Description and justification of any related facilities
and schedule of separate charges for related facilities, if any.
[shabox1] Design development/working plans/construction
specifications. Plans, specifications, and estimates must fully
describe all of the work to be completed, including all landscaping,
construction, repairs, and site development work. The plans must be
clear and accurate with adequate dimensions and sufficient scale for
estimating purposes.
[shabox1] Technical data, tests, or engineering evaluations needed
to support the design of the development must be included.
(v) Property Management Information:
[shabox1] Management plan and proposed management agreement.
[shabox1] Details for managing a project with scattered sites (if
applicable).
[shabox1] Procedures for determining applicant eligibility.
[shabox1] Demonstrated capacity to manage the unique leasing
occupancy restrictions of the guaranteed program.
[shabox1] Description of rent collection; lease provisions covering
termination and eviction; copy of tenant protection and grievance
procedures to tenants.
[shabox1] Description of security plan.
[shabox1] Plans for maintenance, repair, replacement, and tenant
work requests.
[shabox1] Detailed compliance with Federal, Tribal, and State
environmental laws.
[shabox1] Description of energy conservation measures including
recycling.
[shabox1] Detailed management and maintenance staffing plans.
[shabox1] Information on staff training programs.
[shabox1] Statement confirming that the management plan includes
provision for access to project's books and records by USDA staff,
USDA--Office of Inspector General, Government Accountability Office,
and the Department of Justice; information on accounting, record
keeping, data systems, and software. (7 CFR 3565.351 (a)(7)).
[shabox1] Qualifications of the property manager.
(vi) Contractor Information:
[[Page 104037]]
[shabox1] Demonstrated experience of the general contractor in
building multifamily housing of the size design, scope, and complexity
of the project. Note any exceptions.
(vii) Financing Information:
[shabox1] Lender's conditional commitment on the lender's
letterhead with lender's signature specifying the GRRHP option under
which the project loan is to be guaranteed.
[shabox1] Sources and uses, pro forma statement or a comparable
document.
[shabox1] Lender's narrative. Must include the following
information:
[ssquf] Summary of Loan Request
[ssquf] Financing Terms/Commitment
[ssquf] Specify how the loan is classified:
Existing property (7 CFR 3565.252)
515 Rehab
New construction (7 CFR 3565.252)
[ssquf] Confirm property is located in an eligible rural area (7
CFR 3565.3 and 3565.251)
[ssquf] General site requirements (7 CFR 3565.254)
[ssquf] General site standards (7 CFR 3565.254)
[ssquf] Borrower/Sponsor's Qualifications
[ssquf] Property History
[ssquf] Site/Area/Neighborhood Analysis
[ssquf] Improvements/Physical Needs
[ssquf] Environmental Issues
[ssquf] Review of Market Analysis
[ssquf] Review of Market Appraisal
[ssquf] Income/Expense Pro forma
[ssquf] Valuation
[ssquf] Management Review. The following are examples of
documentation which can be submitted to the Agency to establish
evidence of the management agency's experience:
[cir] Name of the Management Entity.
[cir] Management Entity Type (Owner/Manager; Independent Fee Agent;
Identity-of-Interest Agent; or Project Administrator).
[cir] Employer Identification Number (EIN).
[cir] Specify Organization Type (Corporation; Partnership;
Individual; or Other).
[cir] Names, titles and Social Security Numbers of firm's
principals (e.g., general partner, president, treasurer, etc.).
[cir] Provide mailing addresses for the Company's home office and
if applicable, any branch offices involved in management of the
Department of Housing and Urban Development (HUD) or other affordable
multifamily projects. Specify the geographic area covered by each
office.
[cir] If applicable, what year (yyyy) did the company begin
managing: HUD or other affordable subsidized projects; HUD or other
affordable unsubsidized projects; and/or Conventional projects.
[cir] If applicable, estimate what percent of company's activities
involve management of: Conventional projects; HUD or other affordable
projects; Commercial space; and/or Other.
[cir] If applicable, the number of projects the company manages
(both rentals and cooperatives): HUD or other affordable unsubsidized
housing; HUD or other affordable subsidized housing; and/or HUD or
other affordable owned housing. Of these, how many have HUD or other
affordable housing held mortgages; are non-insured; are subsidized co-
ops; are unsubsidized co-ops and the percentage of elderly; family;
owned by a non-profit or coop; core city; troubled neighborhood;
suburban and rural area.
[cir] Indicate where each of the following activities are
administered. Use the following codes: C = central office; R = regional
office; P = project site: Bookkeeping; landscaping; maintenance;
purchasing; tenant application; certification/recertifications; regular
monthly subsidy billings; and special claims subsidy billings.
[cir] Number of the company's full-time employees serving in the
following supervisory or advisory roles (Owner-managers and
administrators of projects for the elderly should provide this
information on project employees): Engineers; maintenance supervisors;
occupancy supervisors; training specialists; social service
coordinators; regional property managers; indicate number and
percentage of minorities serving in supervisory or advisory roles.
[cir] Identify any professional memberships, licenses, certificates
or accreditations which are related to property management activities
and are held by the company, company executives, or employees.
[cir] Describe any purchasing procedures you have implemented to
control or reduce cost (e.g., bulk purchasing, paying early to take
advantage of discounts, cost comparisons or bids, etc.).
[cir] List any companies which regularly supply goods or services
to federally funded projects and have an identity-of-interest with the
management entity or its principals (e.g., officers, general partners).
Specify the type of goods and services provided.
[cir] Do any of the identity-of-interest companies listed function
as ``pass-throughs''--i.e., does the identity-of-interest company
purchase goods or services from another party and pass those goods or
services through to the project? For each pass-through arrangement:
(1) Name the identity-of-interest company involved.
(2) Explain how the identity-of-interest company's compensation is
determined.
(3) Explain why it is more advantageous for the project to use the
pass-through arrangement than to purchase directly from the ultimate
supplier.
[cir] What types of property management procedures or operating
manuals are used by on-site or supervisory staff?
[cir] What types of recurring written reports are prepared on
project operations (e.g., maintenance, move-in/outs, payables,
comparisons of budgeted and actual expenses)? Specify who (by position
title) prepares the report, frequency of the report, and who reviews
the report.
[cir] Specify how frequently company executives or supervisory
staff visit the projects the company manages and who (by position
title) conducts the on-site visits or reviews.
[cir] If the company manages subsidized projects, identify by job
title who prepares and reviews the HUD (or other affordable housing)
required documents and the frequency of their review for the following:
HUD's (or other affordable housing) Initial Certifications;
Recertifications; Regular Monthly Subsidy Billings; Special Claims
Subsidy Billings; Proposals to terminate tenant assistance payments;
Proposals to evict; Monthly Accounting Reports; and Civil Rights Tenant
Characteristics/Occupancy Reports.
[cir] If applicable, describe how the home office supervises
supervisory staff (e.g., property managers, occupancy specialists,
maintenance supervisors), who operate out of branch offices.
[cir] Describe how the company trains its employees in the areas
listed below. Discuss both on-going training and initial training
provided when the employee is hired. Specify the frequency and duration
of the training and who/what organization conducts the training.
Discuss training for both supervisory and front-line staff for the
following: Property management practices; Financial and recordkeeping
requirements; Civil rights and fair housing laws; and Occupancy
Requirements of Subsidized Multifamily Housing Programs (if the company
manages subsidized projects).
[cir] If applicable, specify if an owner of a HUD-related project
or other affordable housing project, at any time during the past three
years, cancelled a property management contract held by the company and
identify during the past three years, how many HUD-related
[[Page 104038]]
projects or other affordable housing projects have not renewed their
management contracts with the company (Explain the reasons for any
cancellations or failure to renew and identify the projects involved).
[cir] If applicable, provide a list of all HUD Field Offices that
have jurisdiction over the projects. For companies that operate in more
than five Field Office jurisdictions, identify the five jurisdictions
where the greatest number of your HUD-related projects are located.
[cir] List all State Agencies in whose jurisdiction you have
managed or are managing State Agency-financed projects. For companies
that operate in more than five States, identify the five where the
greatest number of your State Agency projects are located.
[cir] List the location of all RD properties you have managed or
are managing. For companies that operate in more than five RD
jurisdictions, identify the five where the greatest number of your RD
properties are located.
[shabox1] A copy of the pro forma budget detailing the first year
and a typical year's operation. (Pro formas with and without the
interest credit award will serve as justification for the interest
credit award, if applicable.)
[shabox1] Disclosure of any change in financing since application
submission.
[shabox1] Type of utilities and utility allowances, if applicable.
[shabox1] Confirm that Operating and Maintenance (O&M) Reserve is
at least two percent of the total loan amount (not just guaranteed
portion). Calculation of O&M reserve for congregate care facilities and
larger projects should reflect absorption rates in the market study to
cover shortfalls between estimated operating budget calculations and
rent-up assumptions. Funds contributed as O&M reserves are contributed
from the borrower's own resources or an irrevocable letter of credit
and are not to be included as part of the total development cost
calculation. (7 CFR 3565.402 (a)(2))
[shabox1] Confirm that the construction contingency is equal to two
percent of the construction contract, inclusive of the contractor's fee
and hard and soft costs. This is to be funded at or prior to closing by
the contractor (7 CFR 3565.402 (a)(2)).
[shabox1] Provide evidence of adequate insurance for the property
(7 CFR 3565.351).
[shabox1] Interest Credit Request, if applicable.
Environmental Information:
[shabox1] Most current version of the ASTM Standard E 1528-14,
Phase I Environmental Site Assessment Process published by the American
Society for Testing and Materials (ASTM).
[shabox1] Environmental Information in accordance with 7 CFR part
1970 (Environmental Policies and Procedures).
[shabox1] Statement from the State Historic Preservation Office
(SHPO) indicating compliance with historic and architectural laws, if
applicable.
[shabox1] Comments regarding relevant off-site conditions.
[shabox1] Land survey.
Legal and Regulatory Items:
[shabox1] Standard Regulatory Agreement approved by the Agency (7
CFR 3565.303(d)(9) and (11), or
[shabox1] Non-Standard Regulatory Agreement(s) containing
provisions for transferability between lenders, binding on the borrower
and their successors (7 CFR 3565.351(a)) and requiring that the
borrower: make all principal and interest payments under the note,
maintain the property as affordable housing in good physical condition;
maintain complete project books and records; and comply with all
Federal Fair Housing requirements under the terms of the note (7 CFR
3565.351(a)).
[shabox1] For new construction projects that have five or more
rental units, an Affirmative Fair Housing Marketing Plan (AFHMP) as
defined in 24 CFR part 200, subpart M, is required to be submitted.
Federally recognized Tribes and Tribally Designated Housing Entities
(TDHE) are excluded when the project is located on tribal land.
[shabox1] Rehabilitation/preservation transactions must submit
confirmation in writing that the borrower is in compliance with the
Affirmative Fair Housing Marketing Plan (7 CFR 3565.353).
[shabox1] Certification from the lender verifying the use of
security instruments prepared, executed, recorded and/or delivered per
program guidelines and in compliance with the terms of the conditional
commitment.
[shabox1] Certification from the lender verifying the use of the
construction contract based on standard AIA Document A-101. If this
document is used, it should be modified as described in Form RD 1924-25
or similar form.
[shabox1] Certification from the lender verifying the use of
contract specifications, documents and forms. Use Form RD 1924-6
``Construction Contract'' or similar document as required by Executive
Order 11246, Non- Discrimination in Employment by Construction
Contractors.
V. Application Review Information
(1) Scoring of Priority Criteria for Selection: Complete
applications received will be scored based on the criteria set forth
below to establish priority in the event there is insufficient funding.
Per 7 CFR 3565.5(b), priority will be given to projects in rural areas
in which borrowers can best utilize loan guarantees and where loan
guarantees are needed the most, as determined by the Agency based on
information the Secretary considers appropriate. To meet important
program goals, priority points will be given for projects that qualify
for reduced annual fees, including workforce housing, section 515 or
section 514/516 preservation and green and energy efficient housing
projects as permitted in 7 CFR 3565.5(b).
The priority scoring criteria for projects are listed below.
Priority 1--Properties located in eligible rural communities with
the lowest populations. One point is awarded if the city or town
population is under 10,000 people.
Priority 2--Properties in the most-needy communities. One point is
awarded if the property is located in a persistent poverty county as
defined by the USDA Economic Research Service.
Priority 3--Properties that demonstrate partnering and leveraging
of third-party funding. One point is awarded if the loan to total
development cost ratio is less than 50%.
Priority 4--Properties with the highest ratio of 3-5 bedroom units
to total units. One point is awarded if the ratio of 3-5 bedroom units
to total units is 25% or more.
Priority 5--Properties on tribal land. One point is awarded if the
property is located on tribal land.
Priority 6--Properties with a lower Section 538 guaranteed loan
interest rate. One point is awarded if the interest rate is equal to or
less than 130% of the long-term annual applicable Federal rate (AFR
Table 1) at the time of application submission to the Agency.
Priority 7--Properties determined eligible for reduced annual
section 538 fees under the Federal Register notice published on March
3, 2022 (87 FR 12077). One point awarded for each of the criteria met
for reduced annual fees: (1) Workforce Housing (Rents Between 80%-115%
Area Median Income), or (2) Preservation of Existing Section 515 and
Section 514/516 Rural Development Properties, or (3) Section 538 New
Construction or Substantial Rehabilitation Meeting Green or Energy
Efficiency Requirements. Projects will be held to the standards and
[[Page 104039]]
requirements for the selected energy program that were in effect at the
time the application was submitted to the Agency.
Priority 8--Energy consumption performance. One point will be
awarded if the lender obtains the borrower's agreement to enroll in the
United States Environmental Protection Agency's ENERGY STAR Portfolio
Manager and document and report energy consumption for the property to
the Agency. Along with the collection of the borrower's annual reports
(outlined in 7 CFR 3565.351), to obtain the priority points the lender
must collect the Statement of Energy Performance (SEP) report from the
borrower and submit it to the Agency for review. This will allow the
Agency to track the energy consumption performance of the property.
Borrowers may access the EPA's ENERGY STAR Portfolio Manager software
at no cost.
Priority 9--Projects that include Low Income Housing Tax Credits
financing that have waived or will waive their Qualified Contract
Rights. Twelve points will be awarded to projects that include LIHTC
financing in which the owner has agreed to waive the Qualified Contract
rights. A document certifying that the rights have been waived must be
included with the complete application.
Priority 10--Projects that have or are assuming section 514/515
loans that will naturally mature within three years from application
submission will receive one point.
Priority 11--Projects Providing Access to Supportive Services for
Tenants. One point will be awarded to projects that employ a Service
Coordinator, documented as a project expense in the most recent agency-
approved Form RD 3560-7 Multifamily Housing Project Budget/Utility
Allowance, or include units designated as permanent supportive units or
for homeless households, documented by an agreement with another
Federal or State funding source. To receive points, the applicant must
describe the basis for claiming points (i.e., service coordinator and/
or permanent supportive housing/homeless unit set-aside) and provide
documentation to include the Form 3560-7 and/or an agreement describing
the terms and conditions for the units designated as permanent
supportive housing or for homeless households, as applicable.
If there is insufficient funding available to fund all approved
projects and projects have equal scores based on the priority criteria,
the Agency will rank the tied projects based on the scores for Priority
7. If there is still a tie, the Agency will obligate funds in the order
in which the applications were approved by the Agency.
(2) Notifications: Applications will be reviewed concurrently for
completeness and eligibility. The Agency will notify the lender
generally within 30 days of receipt of a complete application.
Incomplete applications, which includes supporting documentation, will
be returned to the lender. The lender may reapply in the future with a
new and complete application.
VI. Award Administration Information
(1) Obligation of Program Funds: The Agency will only obligate
funds to projects that meet the requirements under 7 CFR part 3565 and
this notification that have submitted a complete application and have
undergone a satisfactory environmental review in accordance with the
National Environmental Protection Act (NEPA). If there is sufficient
funding, once a complete application is received and approved (and any
request for GRRHP approved lender status is granted), the Agency will
obligate funds. The Agency considers the program to have insufficient
funds when the program's annually appropriated funding amount has 10%
(ten percent) or less remaining. If there is insufficient funding, the
Agency will review the scores for each approved project and rank them
accordingly. As funding becomes available, funding for approved
projects will be obligated based on the rankings from high to low
scores as described in section V. (Application Review Information).
In the event that the Agency suspends the ability to receive
applications until sufficient funding becomes available, a notice will
be made to the industry via GovDelivery and/or some other form of
acceptable electronic notice.
(2) Conditional Commitment: Once the required documents for
obligation are received and all applicable requirements have been met,
including NEPA requirements, and to the extent funding is available,
the Agency will issue a Conditional Commitment. The Conditional
Commitment will stipulate the conditions that must be fulfilled before
the issuance of a guarantee, in accordance with 7 CFR 3565.303(b).
A Conditional Commitment must be issued by the Agency before any
construction begins on the project. Drawings (plans) and specifications
for building construction must be submitted to the Agency and concurred
by the Agency before any construction begins on the project. Applicants
are reminded that in accordance with 7 CFR 3565.206(g), refinancing of
an existing debt is not an eligible use of Section 538 GRRHP loan
funds, except in the case of an existing guaranteed loan where the
Agency determines that the refinancing is in the government's interest
or furthers the objectives of the program.
(3) Issuance of Guarantee: The Agency will issue a guarantee to the
lender for a property in accordance with 7 CFR 3565.303. No guarantee
can be issued without a complete application, review of appropriate
certifications, satisfactory assessment of the appropriate level of
environmental review, and the completion of any conditional
requirements.
(4) Tracking of Average Rents: After the loan closes, the lender
will track the initial affordable rent at each property funded and the
average market rent in the area. The difference between these two rents
will provide the lender with a measure of the impact the GRRHP has on
affordable rents.
Build America, Buy America
Funding to Non-Federal Entities. Awardees that are Non-Federal
Entities, defined pursuant to 2 CFR 200.1 as any State, local
government, Indian Tribe, Institution of Higher Education, or nonprofit
organization, shall be governed by the requirements of section 70914 of
the Build America, Buy America Act (BABAA) within the Infrastructure
Investment and Jobs Act (Pub. L. 117-58), and its implementing
regulations at 2 CFR part 184. Any requests for waiver of these
requirements must be submitted pursuant to USDA's guidance available
online at https://www.usda.gov/ocfo/federal-financial-assistance-policy/USDABuyAmericaWaiver.
Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Mission Area, agencies, staff offices, employees, and institutions
participating in or administering USDA programs are prohibited from
discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation,
disability, age, marital status, familial/parental status, income
derived from a public assistance program, political beliefs, or
reprisal or retaliation for prior civil rights activity, in any program
or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or
incident.
Program information may be made available in languages other than
[[Page 104040]]
English. Persons with disabilities who require alternative means of
communication to obtain program information (e.g., Braille, large
print, audiotape, American Sign Language) should contact the
responsible Mission Area, agency, or staff office; or the 711 Relay
Service.
To file a program discrimination complaint, a complainant should
complete a Form AD-3027, USDA Program Discrimination Complaint Form,
which can be obtained online at https://www.usda.gov/sites/default/files/documents/ad-3027.pdf from any USDA office, by calling (866) 632-
9992, or by writing a letter addressed to USDA. The letter must contain
the complainant's name, address, telephone number, and a written
description of the alleged discriminatory action in sufficient detail
to inform the Assistant Secretary for Civil Rights (ASCR) about the
nature and date of an alleged civil rights violation. The completed AD-
3027 form or letter must be submitted to USDA by:
(1) Mail: U.S. Department of Agriculture, Director, Office of
Adjudication, 1400 Independence Avenue SW, Washington, DC 20250-9410;
(2) Fax: (202) 690-7442; or
(3) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Yvonne Hsu,
Acting Administrator, Rural Housing Service.
[FR Doc. 2024-30330 Filed 12-19-24; 8:45 am]
BILLING CODE 3410-XV-P