81_FR_18535 81 FR 18473 - Changes in Certain Multifamily Mortgage Insurance Premiums and Regulatory Waiver for the 542(c) Risk-Sharing Program

81 FR 18473 - Changes in Certain Multifamily Mortgage Insurance Premiums and Regulatory Waiver for the 542(c) Risk-Sharing Program

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 62 (March 31, 2016)

Page Range18473-18480
FR Document2016-07405

On January 28, 2016, HUD published a notice announcing proposed changes to the Fiscal Year (FY) 2016 Mortgage Insurance Premiums (MIPs) for certain FHA Multifamily Housing Insurance programs, for commitments issued or reissued beginning April 1, 2016, and solicited public comments on the announced changes. This document announces that the FY 2016 MIP changes for certain FHA Multifamily Housing Insurance programs, including the 542(b) and 542(c) Risk- Sharing programs, proposed on January 28, 2016, are being implemented for commitments issued or reissued beginning April 1, 2016. These new MIP changes reflect the health of the FHA Multifamily portfolio, simplify the rate structure, and demonstrate HUD's commitment to promote its mission initiatives. The MIP rates for mortgage insurance programs under FHA's Office of Healthcare Programs, including health care facilities and hospital insurance programs, are not changed. This document also addresses the public comments received in response to the proposed MIP changes. Lastly, this MIP document also provides a regulatory waiver for the 542(c) Risk-Sharing program to participate in the FY 2016 MIP changes for commitments issued or reissued beginning April 1, 2016, for the remainder of FY 2016 and for FY 2017.

Federal Register, Volume 81 Issue 62 (Thursday, March 31, 2016)
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Rules and Regulations]
[Pages 18473-18480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07405]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 266

[Docket No. FR-5876-N-03]


Changes in Certain Multifamily Mortgage Insurance Premiums and 
Regulatory Waiver for the 542(c) Risk-Sharing Program

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

ACTION: Announcement and waiver.

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SUMMARY: On January 28, 2016, HUD published a notice announcing

[[Page 18474]]

proposed changes to the Fiscal Year (FY) 2016 Mortgage Insurance 
Premiums (MIPs) for certain FHA Multifamily Housing Insurance programs, 
for commitments issued or reissued beginning April 1, 2016, and 
solicited public comments on the announced changes. This document 
announces that the FY 2016 MIP changes for certain FHA Multifamily 
Housing Insurance programs, including the 542(b) and 542(c) Risk-
Sharing programs, proposed on January 28, 2016, are being implemented 
for commitments issued or reissued beginning April 1, 2016. These new 
MIP changes reflect the health of the FHA Multifamily portfolio, 
simplify the rate structure, and demonstrate HUD's commitment to 
promote its mission initiatives. The MIP rates for mortgage insurance 
programs under FHA's Office of Healthcare Programs, including health 
care facilities and hospital insurance programs, are not changed. This 
document also addresses the public comments received in response to the 
proposed MIP changes. Lastly, this MIP document also provides a 
regulatory waiver for the 542(c) Risk-Sharing program to participate in 
the FY 2016 MIP changes for commitments issued or reissued beginning 
April 1, 2016, for the remainder of FY 2016 and for FY 2017.

DATES: Effective Date: The revised MIP will be effective for any firm 
commitments issued or reissued on or after April 1, 2016. MIP rates 
will not be modified for any loans that close or reach initial 
endorsement prior to or on March 31, 2016. MIP rates will not be 
modified on FHA-insured loans initially or finally endorsed, in 
conjunction with interest rate reductions, or in conjunction with loan 
modifications. MIP rates for the 542(c) Risk-Sharing program will be 
eligible only through FY 2017.

FOR FURTHER INFORMATION CONTACT: Theodore K. Toon, Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Washington, DC 20410-8000; 
telephone number: 202-402-8386 (this is not a toll-free number). 
Hearing- or speech-impaired individuals may access these numbers 
through TTY by calling the Federal Relay Service at 800-877-8339 (this 
is a toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 203(c)(1) of the National Housing Act (the Act) authorizes 
the Secretary to set the premium charge for insurance of mortgages 
under the various programs in title II of the Act. The range within 
which the Secretary may set such charges must be between one-fourth of 
one percent per annum and one percent per annum of the amount of the 
principal obligation of the mortgage outstanding at any time. (see 12 
U.S.C. 1709(c)(1)). HUD's Multifamily Housing Mortgage Insurance 
regulation at 24 CFR 207.254 provides that HUD must publish a notice of 
future premium changes in the Federal Register, and provide a 30-day 
public comment period for the purpose of accepting comments on whether 
the proposed changes are appropriate.
    On October 2, 2015, HUD published a notice in the Federal Register, 
at 80 FR 59809, announcing that the MIPs for FHA Multifamily, Health 
Care Facilities, and Hospital mortgage insurance programs that have 
commitments to be issued or reissued in FY 2016 would be the same as 
those published for FY 2015. HUD then published a notice on January 28, 
2016, at 81 FR 4926, announcing proposed MIP changes for FY 2016 in 
certain programs authorized under the Act (12 U.S.C. 1709(c)(1)), and 
certain other multifamily programs. The January 28, 2016, notice was 
proposed to promote two of HUD's mission priorities: affordable housing 
and energy efficiency. HUD sought public comment on the proposed 
changes, as required by 24 CFR 207.254.

II. Public Comments

    The public comment period on the January 28, 2016, notice closed on 
February 29, 2016, and HUD received 19 public comments by the close of 
the public comment period. Comments were submitted by mortgage lenders, 
organizations representative of the health care industry and of the 
home building industry, private citizens, and other interested parties. 
All public comments can be found on www.regulations.gov under the 
docket number FR-5876-N-01. The following presents the key issues 
raised by commenters and HUD's response to these issues.

Authority

    Comment: One commenter stated that HUD had not demonstrated its 
authority to implement these MIP changes, and another commenter asked 
if HUD would be issuing additional regulations to confirm the 
appropriate MIP.
    HUD Response: We disagree; section 203(c)(1) of the Act authorizes 
the Secretary to set the premium charge for insurance of mortgages 
under the various programs in the Act, and 24 CFR 207.254 provides that 
HUD will implement future multifamily premium changes by publishing a 
notice in the Federal Register and soliciting public comment for 30 
days. HUD has complied with those requirements and no additional 
regulations must be issued to implement these changes.
    Comment: One commenter observed that MIPs ``must be determined 
based on the prudent management of risk to the government of the 
potential and severity of mortgage losses.'' In other words, the MIPs 
should be set at levels that are actuarially sufficient to cover 
expected credit losses and other costs.
    HUD Response: HUD agrees; portfolio and actuarial analysis of the 
new rate structure demonstrated that premium revenues will exceed 
losses for the foreseeable future.

Applicability of New Rates

    Comment: Commenters urged HUD to extend MIP changes to programs 
under FHA's Office of Healthcare Programs, including the health care 
facilities and hospital insurance programs, in order to further promote 
these programs. These commenters suggested that by excluding properties 
financed under Section 232 and Section 242 programs, HUD misses the 
opportunity to further the Administration's healthcare objectives.
    HUD Response: HUD will continue to evaluate MIP rates, but is not 
at this time extending MIP changes to programs under FHA's Office of 
Healthcare Programs, including the health care facilities and hospital 
insurance programs under sections 232 and 242, respectively.
    Comment: Commenters asked that the new MIP rates be made available 
to existing FHA-insured loans on properties that meet or will meet the 
required standards, to loans undergoing interest rate reductions 
through HUD's Multifamily Office of Asset Management and Portfolio 
Oversight (OAMPO), to loan modifications through OAMPO, to loans 
initially endorsed (closed) but not finally endorsed, and to loans on 
recently built housing (within the past 5 years) that have or could 
obtain Energy Star building certification.
    HUD Response: New MIP rates cannot be applied retroactively; each 
of these scenarios represents already-closed loans. Therefore, the MIP 
new rates will become effective only for FHA firm commitments issued or 
reissued, and closed, on or after April 1, 2016.

Affordability

    Comment: Commenters asked for a change to the requirements to 
qualify for the MIP rate for Broadly Affordable housing: Properties 
must have ``achievable and underwritten tax credit rents at least 10 
percent below

[[Page 18475]]

comparable market rents.'' Commenters recommended that ``achievable 
and'' be deleted because of the confusion it could cause.
    HUD Response: HUD disagrees. The phrase (``achievable and 
underwritten tax credit rents at least 10 percent below comparable 
market rents'') is necessary in order to differentiate from the maximum 
or ceiling tax credit rents, and is widely understood in the industry.
    Comment: Commenters recommended that properties with greater than 
90 percent affordable units, but without a 10 percent underwritten 
market rent advantage necessary to qualify as Broadly Affordable, 
should qualify for the Affordable mixed-income MIP rate of 35 basis 
points.
    HUD Response: HUD agrees, and has made the change in the final 
notice.
    Comment: Commenters asked if a property will qualify for the MIP 
reduction if it has a project-based Section 8 that runs less than 15 
years or is not renewed but the owner honors the full 15-year use 
restriction.
    HUD Response: HUD will be providing the MIP reduction only to 
properties that have a Section 8 contract and use restriction that run 
a minimum of 15 years after final endorsement.
    Comment: Commenters recommended that the new MIP rates be available 
in situations where the property owner accepts Section 8 voucher 
holders for just the affordable units, rather than an unlimited 
requirement for the entire property, due to potential property owners' 
concerns about converting an entire property to Section 8, over time, 
in what is intended as a mixed- income property. Another commenter 
stated that in the MIP definition of Affordable there is a requirement 
that the property owner agree to accept Section 8 voucher holders for 
the life of the loan, and the commenter requested that this be limited 
to the 15-year affordability period rather than the life of the loan.
    HUD Response: HUD disagrees, and continues to require that for a 
property owner to access the MIP rate under the Affordable rate 
category the property owner must agree to accept voucher holders as 
residents for all vacancies and for the life of the regulatory 
agreement.

Lender Fee Restrictions for Certain MIP Rate Categories (Broadly 
Affordable and Green/Energy Efficient)

    Comment: Commenters requested that the 5 percent cap on total loan 
fees be removed, or the threshold significantly increased. The 
commenters stated that small loans are challenging to originate, 
underwrite, and service, due to certain fixed lender costs and time 
requirements, and asked HUD to assess the impact for loans that fall 
into the $2-5 million range; commenting that the market is familiar 
with the $5 million small loan limit set by the Federal Housing Finance 
Agency for the Fannie Mae and Freddie Mac small loan programs. One 
commenter asked that HUD provide underlying information on the need for 
such a broad limitation.
    HUD Response: The intent is to ensure that the benefits of these 
MIP rates directly benefit the properties and residents. In FHA's 
experience, Multifamily Accelerated Processing (MAP) lenders today are 
generally not charging fees in excess of 5 percent on loans under $5 
million, even though they may do so. According to aggregated lender 
disclosures, just 6 percent of FHA-insured loans under $5 million, 
originated between FY 2013 and FY 2016, year-to-date, charged fees in 
excess of 5 percent, and most of these were concentrated in loans under 
$2 million. Accordingly, HUD does not believe that this limitation will 
present a burden to MAP lenders.
    Comment: One commenter said that it may be counterproductive to 
have a loan fee limit on loans over $2 million at precisely the time 
HUD is encouraging MAP lenders to participate in its Small Building 
Risk Share Initiative (SBRS).
    HUD Response: Loans originated under Risk Share programs, including 
SBRS, are exempt from the fee limitations.
    Comment: One commenter asked that loans with firm commitments 
issued prior to the January 28, 2016, publication of the proposed MIP 
rates be excluded from the fee limitations.
    HUD Response: The loan fee limitations only apply to loans with FHA 
firm commitments issued or reissued on or after April 1, 2016. Firm 
commitments issued prior to that date are exempt from the loan fee 
limitation (though still subject to disclosure), unless requesting 
reissuance or modification to utilize the new rates. Any loan accessing 
the lower rates will also be subject to the loan fee limitation.

Inclusionary Zoning

    Comment: Commenters wrote that properties subject to inclusionary 
zoning agreements are only eligible for the reduced MIP rate if the 
term of the affordability agreement is 30 years or longer, compared to 
Low Income Housing Tax Credit (LIHTC) or Project-Based Rental 
Assistance (PBRA) properties in this same rate category, which have 
minimum compliance periods of 15 years. They asked that the 
inclusionary zoning compliance period be reduced from 30 years to 15 
years.
    HUD Response: The affordability requirements under LIHTC or PBRA/
Section 8 are much deeper than those generally required under 
inclusionary zoning laws. HUD believes, therefore, that the longer 
affordability requirement (30 years) is reasonable.
    Comment: One industry association opposed using the FHA multifamily 
insurance programs ``to incentivize complicated and controversial 
inclusionary zoning laws at the local level.'' One commenter stated 
that some studies have shown inclusionary zoning may not be the most 
cost effective way to address affordability, and can actually lead to 
fewer units being delivered.
    HUD Response: HUD is not incentivizing inclusionary zoning or other 
set-aside laws through these rates. Rather, the new structure 
recognizes affordability in its many forms. HUD will study the effects 
of these rates for future rate considerations.

Green/Energy Efficient

    Comment: A number of commenters pointed out that the requirement 
for a property owner to report building performance 12 months after new 
construction/substantial rehabilitation is unreasonable, as the 
property must be occupied, and operate for a full 12 months, before 
collecting and reporting the data. Further, the requirement may 
preclude properties from one or more of the performance-based green 
building certifications recognized for the green/energy efficient MIP 
rate.
    HUD Response: HUD agrees, and has amended the notice to require 
reporting of complying building performance ``. . . no more than 15 
months after completion of new construction, substantial rehabilitation 
or renovations, or 15 months after break-even occupancy.''
    Comment: Commenters stated that small properties make up the 
majority of all apartment buildings and often provide housing 
affordability. Yet properties under 20 units are excluded from getting 
a 1-100 EnergyStar score from Portfolio Manager, effectively blocking 
them from taking advantage of the reduced MIP rate. Commenters asked 
that HUD consider, for the purpose of accessing the Green/Energy 
Efficient MIP rate, exempting smaller properties from the requirement 
of a 75+ score on Portfolio Manager, as long as they are or will be 
certified by one of the recognized, independent green building 
standards.
    HUD Response: HUD agrees, and has modified the notice. Small 
properties

[[Page 18476]]

(under 20 units) must meet one of the recognized independent green 
building/energy efficiency standards in order to access the Green/
Energy Efficient MIP rate, but are exempt from the 75+ Portfolio 
Manager score requirement.
    Comment: One commenter recommended that HUD consider tiered or 
graduating MIP rates for varying levels of energy efficiency to 
encourage all property owners to undertake efficiency retrofits to the 
extent feasible.
    HUD Response: While HUD agrees with the intent, such a rate 
structure would be overly complex and challenging to administer. HUD 
will continue to review rates and opportunities to promote its mission 
objectives.
    Comment: Multiple commenters presented alternative green building 
certification standards for consideration, and/or asked what the 
process will be for approval of green building certification standards 
beyond those listed in the notice.
    HUD Response: In addition to the recognized standards listed in the 
notice, HUD will accept ``other industry-recognized green building 
standards in the sole discretion of HUD's Office of Multifamily 
Production.'' Lenders should submit such requests to the Director of 
Multifamily Production, in HUD headquarters. A committee will review 
such requests for consideration. In response to the specific requests 
submitted with public comments, HUD has revised the notice to recognize 
Passive House certifications, LEED for Existing Buildings: Operations & 
Maintenance, and Living Building Challenge Certification.
    Comment: Commenters asked about notice references to Real Estate 
Assessment Center (REAC) protocols for properties not achieving their 
proposed green building standard or the 75+ Portfolio Manager score. 
One commenter stated that the REAC protocol should not be unilaterally 
changed to incorporate tests on whether properties are eligible for MIP 
reductions. Others asked what actions HUD would pursue for a property's 
failure to achieve green building certification and a score of 75+ in 
Portfolio Manager (for example, might actions include 2530 flags or MIP 
changes).
    HUD Response: HUD is not changing REAC protocols. The intent is not 
to be punitive, but to ensure compliance with the specified green 
building certification and efficiency performance standards. Properties 
that fail to achieve their designated green building standard or the 
75+ Portfolio Manager score will be required to submit to HUD a 
compliance plan and timeline for achieving the required certification 
and performance, acceptable to HUD. An owner working in good faith and 
demonstrating progress toward compliance in HUD's discretion will not 
be flagged in HUD's 2530 previous participation system.
    Comment: Commenters asked that the notice clarify that the person 
certifying the green building standard be appropriately credentialed, 
and stated that a Capital Needs Assessment (CNA) provider may or may 
not be able to provide an energy design certification, unless they are 
licensed/accredited per the Energy Auditor requirements.
    HUD Response: HUD agrees, and has struck CNA provider as a 
qualified certifier of a green building standard or energy design 
certification. The CNA provider may certify, if appropriately 
credentialed, in their capacity as architect, engineer, energy auditor, 
and/or approved certifier under the specified green building standard.
    Comment: Commenters recommended that HUD delete the phrase ``and 
maintain'' in reference to recognized green building certifications, 
because the notice requires a property to not only achieve, but to 
maintain one of the recognized, independent green building 
certification standards, yet the named green building rating systems 
are all design and construction standards and do not include provisions 
for maintaining the certification.
    HUD Response: HUD agrees, and has modified the notice to strike 
``and maintain'' from the green building certification requirement.
    Comment: A commenter asked for clarification on the requirement for 
a property accessing the Green/Energy Efficient MIP rate to achieve and 
maintain the 75+ Portfolio Manager score.
    HUD Response: A property accessing the Green/Energy Efficient MIP 
rate will be required to maintain its efficiency performance. The 
property owner will submit its 1-100 ENERGY STAR score from EPA's 
Portfolio Manager report to HUD, annually.
    Comment: Commenters stated the notice's required score of 75+ on 
EPA's Portfolio Manager will be a ``moving target'' as the underlying 
database of properties recalibrates the scores, and asked how an owner 
can certify to this target.
    HUD Response: The Portfolio Manager data set and underlying 
algorithm, and therefore the resulting scores, will not be changed for 
the foreseeable future, according to EPA. The objective is to ensure 
sustained property performance. If, in the future, the 1-100 ENERGY 
STAR score is recalibrated, properties may demonstrate ongoing 
compliance by providing a copy of the Portfolio Manager report showing 
building consumption/performance has been maintained, even if the 
resulting score under a recalibrated scale is less than 75. Properties 
applying for the MIP rate will have to comply with the current standard 
score requirement that is applicable at that time.
    Comment: One commenter asked why a property that can meet both the 
Broadly Affordable and the Green/Energy Efficient requirements is not 
rewarded through a further rate reduction.
    HUD Response: The rates offered under those two rate categories are 
the lowest allowed by statute, so not further reductions can be offered 
at this time.
    Comment: One commenter asked whether the reduction in MIP for 
Green/Energy Efficient buildings have to be from private investment, or 
if the energy upgrades can be paid be from a government program such as 
DOE Weatherization or a similar State program.
    HUD Response: While it is anticipated that many property owners may 
utilize the additional mortgage proceeds made possible by the lower MIP 
to retrofit properties to meet the stringent efficiency standards 
required, an owner is not required to do so. Energy efficiency 
retrofits can be paid from any public or private source of funds, 
subject to limitations on other debt established by the FHA MAP 
program.

General

    Comment: One commenter asked that HUD's posted data identify 
current loans in its portfolio in the new MIP rate categories, to allow 
a viewer to determine which loans in the portfolio would qualify for 
which rates.
    HUD Response: HUD does not have the level of detail in its dataset 
to allow this identification. All loans originated under the new rate 
structure will be identified by rate category.
    Comment: One commenter suggested that the new MIP rate structure 
would disadvantage market rate properties, disproportionately harming 
rental properties in secondary and tertiary markets.
    HUD Response: The largest reduction from current rates to those 
effective April 1, 2016, is for market rate properties that are, or 
choose to, retrofit to a recognized green building/energy efficiency 
standard. This rate category was added specifically to recognize and 
promote green and energy efficient

[[Page 18477]]

properties, whether affordable or market rate.
    Comment: A commenter observed that the negative subsidy rates for 
MIP since FY 2013 show that the multifamily programs are generating 
more than enough revenue to cover losses, and requested that HUD review 
the MIPs for all of its loan programs, and set the levels at the rate 
necessary to cover losses and costs to the program.
    HUD Response: HUD has and will continue to review its MIP rates.
    Comment: Commenters requested clarification with regard to the 
notice's reference to the upfront capitalized MIP for construction 
loans and the absence of a reference to a ``look back'' after final 
closing that recalculates MIP at 1 percent of the actual outstanding 
amount.
    HUD Response: For New Construction and Substantial Rehabilitation 
transactions, the upfront capitalized MIP is the applicable annual MIP 
rate, times the loan amount, times the number of years of construction, 
rounded up to the nearest full year for partial years.
    Comment: One commenter stated that there may be an advantage for 
risk-share lenders compared to MAP lenders, on tax credit projects in 
markets where tax credit rents are close to market rents (less than 10 
percent advantage), and the rate for MAP lender originated loans will 
be 35 basis points, while risk-share loans qualify as Broadly 
Affordable at 25 basis points.
    HUD Response: The risk share program is an affordable lending 
program by statute, and is therefore categorically qualified for the 
lowest MIP rate. In the limited cases where the described scenario may 
apply, we do not believe the 10 basis points differential will be 
enough to skew the market away from MAP lending. HUD will continue to 
explore the potential disparity raised by the commenter, and may 
consider changes to address the issue in a subsequent MIP notice.
    Comment: One commenter raised concerns about the impact of 
Executive Order 13690 and the new Federal Flood Risk Management 
Standard (FFRMS) on housing affordability when implemented and applied 
to new FHA-insured loans for new construction and substantial 
rehabilitation, Community Development Block Grants (CDBG), and HOME 
Investment Partnerships Program funds.
    HUD Comment: Executive Order 13690 and the new FFRMS are outside 
the scope of this notice. Any actions implementing the Executive order 
will be the subject of a separate publication.

III. Final Notice

    This notice adopts the proposed changes in the January 28, 2016 
notice. Specifically, HUD is adopting changes to FY 2016 MIPs for FHA-
insured loans on properties under specific Multifamily Mortgage 
Insurance programs effective on April 1, 2016. The new annual 
multifamily mortgage insurance rates will be structured as four 
categories, as follows, and as illustrated on the table below. Under 
this rate structure, portfolio and actuarial analysis demonstrates that 
premium revenues will exceed losses for the foreseeable future. HUD has 
made minor changes in response to comments received, as discussed 
below.

A. Market Rate Housing

    Upfront and annual MIP rates will remain unchanged for all FHA-
insured multifamily loan types on market rate properties, except 
properties that meet the criteria below for green and energy efficient 
housing.

B. Broadly Affordable Housing

    Annual MIPs will change from the current rates generally between 45 
and 50 basis points,\1\ to 25 basis points for all multifamily FHA-
insured loan types that meet the criteria in this section.
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    \1\ Except in the case of a 207/223(f) refinance or purchase 
that has a current upfront capitalized MIP basis points of 100.
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    All loans originated by Housing Finance Agencies under FHA's 
Section 542(c) Risk-Sharing program, and by Qualified Participating 
Entities including Fannie Mae and Freddie Mac under FHA's Section 
542(b) Risk-Sharing program, will be eligible for this 25 basis points 
rate, multiplied by the percentage risk assumed by FHA (see table 
below). For all others to qualify, the property must have Section 8 
assistance or another recorded affordability restriction, and/or Low-
Income Housing Tax Credits (LIHTC).
    These projects must either:
     Have at least 90 percent of units covered by a Section 8 
PBRA contract or other State or Federal rental assistance program 
contract serving very low income residents, with a remaining term of at 
least 15 years; or
     Have at least 90 percent of its units covered by an 
affordability use restriction under the LIHTC program or a similar 
State or locally sponsored program, with achievable and underwritten 
tax credit rents at least 10 percent below comparable market rents, and 
with a recorded regulatory agreement in effect for at least 15 years 
after final endorsement and monitored by a public entity.
    To ensure that the benefits of these MIP rates directly benefit the 
affordable housing properties and residents, lenders submitting 
applications for loans using this MIP rate are limited, in the total 
loan fees they may charge on any loan greater than $2 million, to no 
more than 5 percent of the insured loan amount. Loan fees include (a) 
origination and placement fees as permitted by the Multifamily 
Accelerated Processing (MAP) Guide; \2\ plus (b) trade profit, trade 
premium or marketing gain earned on the sale of the Government National 
Mortgage Association (GNMA) security at a value above par, even if the 
security sale is delayed until after endorsement; minus (c) loan fees 
applied by the mortgagee to its legal expenses incurred in connection 
with loan closing.
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    \2\ http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/guidebooks/hsg-GB4430.
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C. Affordable Housing

    Annual MIPs will change from current rates generally between 45 and 
70 basis points,\3\ to 35 basis points for all multifamily FHA-insured 
loan types. To qualify, the property must provide a set-aside of 
affordable units as defined below, and agree to accept voucher holders:
---------------------------------------------------------------------------

    \3\ Except in the case of a 207/223(f) refinance or purchase 
that has a current upfront capitalized MIP basis points of 100.
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     Inclusionary Zoning, Density Bonus Set-asides, and Other 
Local Affordability Restrictions: Property owners shall submit with the 
FHA mortgage insurance application evidence of a deed covenant or 
housing ordinance on ``inclusionary zoning'' at the subject property to 
evidence the requirement for affordable unit set-asides. A minimum of 
10 percent of the units must be affordable to, at most, a family at 80 
percent Area Median Income (AMI), with rents sized to be affordable at 
30 percent of the income at that level. The affordability set-aside 
must be on site, be in effect for at least 30 years after final 
endorsement of the FHA-insured mortgage, be monitored by public 
authority, and be recorded in a regulatory agreement;
     Project has between 10 percent and 90 percent of units 
covered by a Section 8 PBRA contract or other State or Federal rental 
assistance program contract serving very low-income residents, with a 
remaining term of at least 15 years;
     Project has between 10 percent and 90 percent of its units 
covered by an affordability use restriction under the LIHTC program or 
similar State or locally sponsored program, with rents

[[Page 18478]]

sized at no greater than 30 percent of the income eligible for 
occupancy under the LIHTC program, with a recorded regulatory agreement 
in effect for at least 15 years after final endorsement and monitored 
by a public entity; or
     Project has at least 90 percent of its units covered by an 
affordability use restriction under the LIHTC program or similar State 
or locally sponsored program, but without the rent advantage required 
to qualify as Broadly Affordable (achievable and underwritten tax 
credit rents at least 10 percent below comparable market rents), and 
with a recorded regulatory agreement in effect for at least 15 years 
after final endorsement and monitored by a public entity.
    To qualify for this MIP rate, the project owner must also agree to 
accept voucher holders under the Section 8 Housing Choice Voucher 
program or other Federal program voucher holders as residents for 
vacancies in units not covered by project-based Section 8, and execute 
a rider to the FHA regulatory agreement, acceptable to HUD, evidencing 
the owner's agreement to accept Section 8 vouchers for the life of the 
regulatory agreement.
    Change: In response to public comments, HUD added the forth bullet 
providing an extra class of properties to those that are eligible for 
this affordable housing MIP rate.

D. Green and Energy Efficient Housing

    Annual MIPs will change from current rates generally between 45 and 
70 basis points,\4\ to 25 basis points for all multifamily FHA-insured 
loan types. Projects will access this rate to encourage owners to adopt 
higher standards for construction, rehabilitation, repairs, 
maintenance, and property operations that are more energy efficient and 
sustainable than traditional approaches to such activities. The lower 
rate will incentivize owners to implement measures that result in 
projects with greater energy and water efficiency, reduced operating 
costs, improved indoor air quality and resident comfort, and reduced 
overall impact on the environment. It is anticipated that mortgage 
proceeds will be used to retrofit properties to meet the stringent 
efficiency standards required to access this lower MIP premium. For 
properties that have already achieved a green building standard and 
that are refinancing with this lower MIP premium, proceeds may be used 
to complete further efficiency upgrades, and/or to retrofit to the 
next-level green certification standards.
---------------------------------------------------------------------------

    \4\ Except in the case of a 207/223(f) refinance or purchase 
that has a current upfront capitalized MIP basis points of 100.
---------------------------------------------------------------------------

    To qualify, upon application for FHA mortgage insurance, the owner 
must evidence that the project has achieved, or the owner must certify 
that it will pursue and achieve, an industry-recognized standard for 
green building. Acceptable, independently verified standards include 
the Enterprise Green Communities Criteria; U.S. Green Building 
Council's LEED-H, LEED-H Midrise, LEED-NC, or LEED for Existing 
Buildings: Operations & Maintenance; ENERGY STAR certification; 
EarthCraft House; EarthCraft Multifamily; Earth Advantage New Homes; 
Greenpoint Rated New Home; Greenpoint Rated Existing Home (Whole House 
or Whole Building label); the National Green Building Standard (NGBS); 
Passive Building Certification or EnerPHit Retrofits certification from 
the Passive House Institute US (PHIUS), International Passive House 
Association, or the Passive House Institute; and Living Building 
Challenge Certification from the International Living Future Institute, 
or other industry-recognized green building standards, in the sole 
discretion of HUD's Office of Multifamily Production.
    Further, the owner must certify that it has achieved, or will 
pursue, achieve, and maintain a score of 75 or better on the 1-100 
ENERGY STAR score, using EPA's Portfolio Manager. The reasonableness of 
achieving and maintaining the specified, independent green building 
standard, and the score of 75 or better in Portfolio Manager, must be 
verified by the independent conclusion of the qualified assessor 
preparing the physical condition assessment, and supported by the 
physical condition assessment report and recommendations, ASHRAE level 
II energy audit (required for existing structures only), and plans for 
new construction, or rehabilitation, repairs, and operations and 
maintenance. The physical condition assessment report submitted with 
the mortgage insurance application must include a certification from 
the architect, engineer, or energy auditor that the planned scope of 
work is reasonably sufficient to achieve and maintain the specified 
certification.
    Additionally, the owner must submit to HUD evidence that the 
specified, independent green building standard has been achieved, and 
provide a copy of the Portfolio Manager report showing building 
performance at or above 75, when those standards have been achieved, 
and no more than 15 months after completion of new construction, 
substantial rehabilitation or renovations or 15 months after break-even 
occupancy. If not achieved, HUD may impose protocols to ensure the 
owner brings the property into compliance, similar to protocols used by 
REAC for unacceptable property standards. The owner must submit the 
Portfolio Manager report annually to HUD showing that the property has 
maintained its efficiency performance. Note that properties of less 
than 20 units may qualify for this MIP rate by achieving an industry-
recognized standard for green building, as described above, but are 
exempt from the requirement to achieve a score of 75 or better on the 
1-100 ENERGY STAR score.
    To ensure that the benefits of these MIP rates directly benefit the 
properties and residents, lenders submitting applications for loans 
using this MIP rate are limited in the total loan fees they may charge 
on any loan greater than $2 million, to no more than 5 percent of the 
insured loan amount. Loan fees include (a) origination and placement 
fees as permitted by the MAP Guide; plus (b) trade profit, trade 
premium or marketing gain earned on the sale of the GNMA security at a 
value above par, even if the security sale is delayed until after 
endorsement; minus (c) loan fees applied by the mortgagee to its legal 
expenses incurred in connection with loan closing.
    Change: In response to public comments, HUD makes the following 
changes:
     Deletes the phrase ``and maintain'' in reference to the 
owner providing evidence that the project has achieved an industry-
recognized standard for green building.
     Adds to the list of certifications Passive House 
certifications, LEED for Existing Buildings: Operations & Maintenance, 
and Living Building Challenge Certification, and clarifies that other 
industry-recognized green building standards will be approved at the 
discretion of HUD's Office of Multifamily Production.
     Clarifies that a CNA provider may only certify a physical 
condition assessment report, if appropriately credentialed, in their 
capacity as architect, engineer, energy auditor, and/or approved 
certifier under the specified green building standard.
     Amends the time frame for providing the report showing 
compliance with building performance after completion of new 
construction, substantial rehabilitation, or renovations from no more 
than 12 months to no more than 15 months. HUD also provides that such 
report may be provided 15 months after break-even occupancy.

[[Page 18479]]

     Requires that owners submit the Portfolio Manager report 
annually to HUD showing that the property has maintained its efficiency 
performance.
     Provides that while small properties (under 20 units) must 
meet one of the recognized independent green building/energy efficiency 
standards in order to access the Green/Energy Efficient MIP rate, small 
properties are exempt from the requirement to achieve a score of 75 or 
better on the 1-100 ENERGY STAR score.

IV. MIPs for Certain FHA's Multifamily Mortgage Insurance Programs for 
April 1, 2016

    The chart below details the MIP rates for each rate category, and 
each type of FHA multifamily mortgage insurance covered under this 
notice. This notice does not change MIP rates for programs under FHA's 
Office of Healthcare Programs, including health care facilities and 
hospital insurance programs.

                          FHA Multifamily Mortgage Insurance Premiums By Rate Category
----------------------------------------------------------------------------------------------------------------
                                                      Current      Apr 1, 2016,
                                                      upfront         upfront         Current      Apr 1, 2016,
   FHA Multifamily mortgage insurance program       capitalized     capitalized     annual MIP      annual MIP
                                                   MIP *  basis    MIP *  basis    basis  points   basis points
                                                      points          points
----------------------------------------------------------------------------------------------------------------
MARKET RATE HOUSING.............................  ..............       Unchanged  ..............       Unchanged
207 Multifamily New Constr/Sub Rehab w/o LIHTC..              70              70              70              70
207 Manufactured Home Parks w/o LIHTC...........              70              70              70              70
221(d)(4) New Constr/Sub Rehab w/o LIHTC........              65              65              65              65
220 Urban Renewal Housing w/o LIHTC.............              70              70              70              70
213 Cooperative.................................              70              70              70              70
207/223(f) Refi or Purchase for Apts. w/o LIHTC.             100             100              60              60
223(a)(7) Refi of Apts. w/o LIHTC...............              50              50              50              50
231 Elderly Housing w/o LIHTC...................              70              70              70              70
241(a) Supplemental Loans for Apts. coop w/o                  95              95              95              95
 LIHTC..........................................
BROADLY AFFORDABLE HOUSING......................  ..............              25  ..............              25
207 New Constr/Sub Rehab w 90 percent+ LIHTC, or              45              25              45              25
 90 percent+ Section 8..........................
207 Manufactured Home Parks w 90 percent+ LIHTC,              45              25              45              25
 or 90 percent+ Section 8.......................
221(d)(4) New Constr/Sub Rehab w 90 percent+                  45              25              45              25
 LIHTC, or 90 percent+ Section 8................
220 Urban Renewal Housing w 90 percent+ LIHTC,                45              25              45              25
 or 90 percent+ Section 8.......................
207/223(f) Refi or Purchase w 90 percent+ LIHTC,             100              25              45              25
 or 90 percent+ Section 8.......................
223(a)(7) Refi w 90 percent+ LIHTC, or 90                     50              25              45              25
 percent+ Section 8.............................
231 Elderly Housing w 90 percent+ LIHTC, or 90                45              25              45              25
 percent+ Section 8.............................
241(a) for Apts./coop w 90 percent+ LIHTC, or 90              45              25              45              25
 percent+ Section 8.............................
Section 542(b) Risk-Sharing **..................              50              25              50              25
Section 542(c ) Risk-Sharing **.................              50              25              50              25
AFFORDABLE: INCLUSIONARY VOUCHERS...............  ..............              35  ..............              35
207 New Constr/Sub Rehab w Inclusionary Zoning,            45-70              35           45-70              35
 or 10 percent-90 percent LIHTC, or 10 percent-
 90 percent Section 8...........................
207 Manufactured Home Parks w Inclusionary                 45-70              35           45-70              35
 Zoning, or 10 percent-90 percent LIHTC, or 10
 percent-90 percent Section 8...................
221(d)(4) New Constr/Sub Rehab w Inclusionary              45-65              35           45-65              35
 Zoning, or 10 percent-90 percent LIHTC, or 10
 percent-90 percent Section 8...................
220 Urban Renewal Housing w Inclusionary Zoning,           45-70              35           45-70              35
 or 10 percent-90 percent LIHTC, or 10 percent-
 90 percent Section 8...........................
207/223(f) Refi or Purchase w Inclusionary                   100              35           45-60              35
 Zoning, or 10 percent-90 percent LIHTC, or 10
 percent-90 percent Section 8...................
223(a)(7) Refinance of Apts. w Inclusionary                   50              35           45-50              35
 Zoning, or 10 percent-90 percent LIHTC, or 10
 percent-90 percent Section 8...................
231 Elderly Housing w Inclusionary Zoning, or 10           45-70              35           45-70              35
 percent-90 percent LIHTC, or 10 percent-90
 percent Section 8..............................
241(a) Supplementals for Apts./coop w Inclusion            45-95              35           45-95              35
 Zoning, or 10 percent-90 percent LIHTC, or 10
 percent-90 percent Section 8...................
GREEN/ENERGY EFFICIENT HOUSING..................  ..............              25  ..............              25
207 Multifamily New Construction/Sub Rehab w               45-70              25           45-70              25
 Green..........................................
207 Manufactured Home Parks with Green..........           45-70              25           45-70              25
221(d)(4) New Constr/Sub Rehab w Green..........           45-65              25           45-65              25
220 Urban Renewal Housing w Green...............           45-70              25           45-70              25
207/223(f) Refi or Purchase for Apts. w Green...             100              25           45-60              25
223(a)(7) Refi of Apts. w Green.................              50              25           45-50              25
231 Elderly Housing w Green.....................           45-70              25           45-70              25

[[Page 18480]]

 
241(a) Supplemental Loans for Apts./coop w Green           45-95              25           45-95              25
----------------------------------------------------------------------------------------------------------------
* Upfront premiums for multifamily refinancing programs are capitalized and based on the first year's annual MIP
  for the applicable rate category (except market rate 223(f), where the upfront rate remains at 100 basis
  points). Upfront premiums for multifamily new construction and substantial rehabilitation programs insuring
  advances are capitalized and based on the annual MIP for the applicable rate category for the entire
  construction period, rounded up to the nearest whole year.
** Under the Sections 542(b) and 542(c) Risk-Sharing programs, the MIP collected by HUD is currently, and will
  continue to be, proportionate to the percentage of risk assumed by FHA, as follows:


----------------------------------------------------------------------------------------------------------------
                                                             April 1, 2016,  upfront
                  Program                     FHA percent     capitalized MIP basis      April 1, 2016,  annual
                                             of risk share        points  (bps)         MIP basis points  (bps)
----------------------------------------------------------------------------------------------------------------
542(b)....................................      50 percent  12.5 (25 bps x 50          12.5 (25 bps x 50
                                                             percent).                  percent).
542(c)....................................      50 percent  12.5 (25 bps x 50          12.5 (25 bps x 50
                                                             percent).                  percent).
                                                75 percent  18.75 (25 bps x 75         18.75 (25 bps x 75
                                                             percent).                  percent).
                                                90 percent  22.5 (25 bps x 90          22.5 (25 bps x 90
                                                             percent).                  percent).
----------------------------------------------------------------------------------------------------------------

V. Regulatory Waiver for the 542(c) Risk-Sharing Program

    Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) (42 U.S.C. 3535(q)) requires 
HUD to publish waivers in the Federal Register. To allow for the FY 
2016 MIP changes covered in this notice to apply to the 542(c) Risk-
Sharing program, authorized under the Housing and Community Development 
Act of 1992, HUD must waive Sec. Sec.  [thinsp]266.600, 266.602, and 
266.604, which currently prescribe percentages for calculating the MIP 
under the 542(c) Risk-Sharing program. HUD believes these set 
percentages are no longer appropriate for the 542(c) Risk-Sharing 
program and issued a proposed rule on March 8, 2016, entitled ``Section 
542(c) Housing Finance Agencies Risk-Sharing Program: Revisions to 
Regulations'' (81 FR 12051), which would permit MIP changes for the 
Risk-Sharing program to be published through Federal Register notice. 
All loans originated under the Risk-Sharing programs are for affordable 
housing purposes with recorded affordability restrictions, and 
therefore qualify as Broadly Affordable housing. HUD believes that the 
542(c) Risk-Sharing program, like the other identified Multifamily 
Housing programs, should be eligible for the MIP changes in this 
notice. Therefore, HUD is issuing this regulatory waiver of Sec. Sec.  
[thinsp]266.600, 266.602, and 266.604 for FY 2016 and FY 2017. 
Commitments issued or reissued for 542(c) Risk-Sharing program 
beginning April 1, 2016, through FY 2017 will be eligible for these MIP 
changes.

VI. Environmental Impact

    This notice involves the establishment of rate or cost 
determinations and related external administrative requirements that do 
not constitute a development decision affecting the physical condition 
of specific project areas or building sites. Accordingly, under 24 CFR 
50.19(c)(6), this notice is categorically excluded from environmental 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321).

    Dated: March 28, 2016.
Edward L. Golding,
Principal Deputy Assistant Secretary for Housing.
    Dated: March 28, 2016.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2016-07405 Filed 3-30-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                                  Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations                                              18473

                                                   FAA has, therefore, determined that                  L. 103–465), prohibits Federal agencies                 3. Access the Government Printing
                                                this rule is not a ‘‘significant regulatory             from establishing standards or engaging               Office’s Web page at http://
                                                action’’ as defined in section 3(f) of                  in related activities that create                     www.gpo.gov/fdsys/.
                                                Executive Order 12866, and is not                       unnecessary obstacles to the foreign                    Copies may also be obtained by
                                                ‘‘significant’’ as defined in DOT’s                     commerce of the United States.                        sending a request (identified by notice,
                                                Regulatory Policies and Procedures.                     Pursuant to these Acts, the                           amendment, or docket number of this
                                                                                                        establishment of standards is not                     rulemaking) to the Federal Aviation
                                                Regulatory Flexibility Determination
                                                                                                        considered an unnecessary obstacle to                 Administration, Office of Rulemaking,
                                                   The Regulatory Flexibility Act of 1980               the foreign commerce of the United                    ARM–1, 800 Independence Avenue
                                                (Pub. L. 96–354) (RFA) establishes ‘‘as a               States, so long as the standard has a                 SW., Washington, DC 20591, or by
                                                principle of regulatory issuance that                   legitimate domestic objective, such as                calling (202) 267–9680.
                                                agencies shall endeavor, consistent with                the protection of safety, and does not
                                                the objectives of the rule and of                                                                             List of Subjects in 14 CFR Part 71
                                                                                                        operate in a manner that excludes
                                                applicable statutes, to fit regulatory and              imports that meet this objective. The                   Airspace, Incorporation by reference,
                                                informational requirements to the scale                 statute also requires consideration of                Navigation (air).
                                                of the businesses, organizations, and                   international standards and, where                    Adoption of the Amendment
                                                governmental jurisdictions subject to                   appropriate, that they be the basis for
                                                regulation.’’ To achieve this principle,                                                                        In consideration of the foregoing, the
                                                                                                        U.S. standards. The FAA has assessed
                                                agencies are required to solicit and                                                                          Federal Aviation Administration
                                                                                                        the potential effect of this rule and
                                                consider flexible regulatory proposals                                                                        amends 14 CFR part 71 as follows:
                                                                                                        determined that the rule will have the
                                                and to explain the rationale for their                  same impact on international and
                                                actions to assure that such proposals are                                                                     PART 71—DESIGNATION OF CLASS A,
                                                                                                        domestic flights and is a safety rule thus            B, C, D, AND E AIRSPACE AREAS; AIR
                                                given serious consideration.’’ The RFA                  is consistent with the Trade Agreements
                                                covers a wide-range of small entities,                                                                        TRAFFIC SERVICE ROUTES; AND
                                                                                                        Act.                                                  REPORTING POINTS
                                                including small businesses, not-for-
                                                profit organizations, and small                         Unfunded Mandates Assessment
                                                                                                                                                              ■ 1. The authority citation for 14 CFR
                                                governmental jurisdictions.                                                                                   part 71 continues to read as follows:
                                                   Agencies must perform a review to                       Title II of the Unfunded Mandates
                                                determine whether a rule will have a                    Reform Act of 1995 (Pub. L. 104–4)                      Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                significant economic impact on a                        requires each Federal agency to prepare               40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                        a written statement assessing the effects             1959–1963 Comp., p. 389.
                                                substantial number of small entities. If
                                                the agency determines that it will, the                 of any Federal mandate in a proposed or               ■ 2. Amend § 71.33 by revising
                                                agency must prepare a regulatory                        final agency rule that may result in an               paragraph (a) to read as follows:
                                                flexibility analysis as described in the                expenditure of $100 million or more (in
                                                                                                        1995 dollars) in any one year by State,               § 71.33    Class A airspace areas.
                                                RFA.                                                                                                            (a) That airspace of the United States,
                                                   However, if an agency determines that                local, and tribal governments, in the
                                                                                                        aggregate, or by the private sector; such             including that airspace overlying the
                                                a rule is not expected to have a
                                                                                                        a mandate is deemed to be a ‘‘significant             waters within 12 nautical miles of the
                                                significant economic impact on a
                                                                                                        regulatory action.’’ The FAA currently                coast of the 48 contiguous States, from
                                                substantial number of small entities,
                                                                                                        uses an inflation-adjusted value of $155              18,000 feet MSL to and including FL600
                                                section 605(b) of the RFA provides that
                                                                                                        million in lieu of $100 million. This                 excluding the states of Alaska and
                                                the head of the agency may so certify
                                                                                                        rule does not contain such a mandate;                 Hawaii.
                                                and a regulatory flexibility analysis is
                                                not required. The certification must                    therefore, the requirements of Title II of            *     *     *    *     *
                                                include a statement providing the                       the Act do not apply.                                   Issued in Washington, DC, on March 29,
                                                factual basis for this determination, and               Environmental Review                                  2016.
                                                the reasoning should be clear.                                                                                Leslie M. Swann,
                                                   This rule is necessary to avoid                        FAA Order 1050.1F identifies FAA                    Acting Manager, Airspace Policy Group.
                                                rerouting current air traffic. The                      actions that are categorically excluded               [FR Doc. 2016–07397 Filed 3–29–16; 4:15 pm]
                                                rerouting will increase miles flown,                    from preparation of an environmental                  BILLING CODE 4910–13–P
                                                increasing fuel and crew cost. While the                assessment or environmental impact
                                                rule will likely impact a substantial                   statement under the National
                                                number of small entities, it will have a                Environment Policy Act in the absence
                                                                                                                                                              DEPARTMENT OF HOUSING AND
                                                minimal economic impact.                                of extraordinary circumstances. The
                                                                                                                                                              URBAN DEVELOPMENT
                                                   If an agency determines that a                       FAA has determined this rulemaking
                                                rulemaking will not result in a                         action qualifies for the categorical                  24 CFR Part 266
                                                significant economic impact on a                        exclusion identified in paragraph 5–6.5a
                                                substantial number of small entities, the               and involves no extraordinary                         [Docket No. FR–5876–N–03]
                                                head of the agency may so certify under                 circumstances.
                                                                                                                                                              Changes in Certain Multifamily
                                                section 605(b) of the RFA. Therefore, as
                                                                                                        How To Obtain Additional Information                  Mortgage Insurance Premiums and
                                                provided in section 605(b), the head of
                                                                                                                                                              Regulatory Waiver for the 542(c) Risk-
                                                the FAA certifies that this rulemaking                    An electronic copy of a rulemaking                  Sharing Program
                                                will not result in a significant economic               document may be obtained by using the
jstallworth on DSK7TPTVN1PROD with RULES




                                                impact on a substantial number of small                 Internet—                                             AGENCY:  Office of the Assistant
                                                entities.                                                                                                     Secretary for Housing-Federal Housing
                                                                                                          1. Search the Federal eRulemaking
                                                International Trade Impact Assessment                   Portal (http://www.regulations.gov);                  Commissioner, HUD.
                                                                                                                                                              ACTION: Announcement and waiver.
                                                  The Trade Agreements Act of 1979                        2. Visit the FAA’s Regulations and
                                                (Pub. L. 96–39), as amended by the                      Policies Web page at http://                          SUMMARY: On January 28, 2016, HUD
                                                Uruguay Round Agreements Act (Pub.                      www.faa.gov/regulations_policies/ or                  published a notice announcing


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                                                18474             Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations

                                                proposed changes to the Fiscal Year                     various programs in title II of the Act.              changes by publishing a notice in the
                                                (FY) 2016 Mortgage Insurance                            The range within which the Secretary                  Federal Register and soliciting public
                                                Premiums (MIPs) for certain FHA                         may set such charges must be between                  comment for 30 days. HUD has
                                                Multifamily Housing Insurance                           one-fourth of one percent per annum                   complied with those requirements and
                                                programs, for commitments issued or                     and one percent per annum of the                      no additional regulations must be issued
                                                reissued beginning April 1, 2016, and                   amount of the principal obligation of the             to implement these changes.
                                                solicited public comments on the                        mortgage outstanding at any time. (see                   Comment: One commenter observed
                                                announced changes. This document                        12 U.S.C. 1709(c)(1)). HUD’s                          that MIPs ‘‘must be determined based
                                                announces that the FY 2016 MIP                          Multifamily Housing Mortgage                          on the prudent management of risk to
                                                changes for certain FHA Multifamily                     Insurance regulation at 24 CFR 207.254                the government of the potential and
                                                Housing Insurance programs, including                   provides that HUD must publish a                      severity of mortgage losses.’’ In other
                                                the 542(b) and 542(c) Risk-Sharing                      notice of future premium changes in the               words, the MIPs should be set at levels
                                                programs, proposed on January 28,                       Federal Register, and provide a 30-day                that are actuarially sufficient to cover
                                                2016, are being implemented for                         public comment period for the purpose                 expected credit losses and other costs.
                                                commitments issued or reissued                          of accepting comments on whether the                     HUD Response: HUD agrees; portfolio
                                                beginning April 1, 2016. These new MIP                  proposed changes are appropriate.                     and actuarial analysis of the new rate
                                                changes reflect the health of the FHA                      On October 2, 2015, HUD published                  structure demonstrated that premium
                                                Multifamily portfolio, simplify the rate                a notice in the Federal Register, at 80               revenues will exceed losses for the
                                                structure, and demonstrate HUD’s                        FR 59809, announcing that the MIPs for                foreseeable future.
                                                commitment to promote its mission                       FHA Multifamily, Health Care Facilities,
                                                                                                        and Hospital mortgage insurance                       Applicability of New Rates
                                                initiatives. The MIP rates for mortgage
                                                insurance programs under FHA’s Office                   programs that have commitments to be                     Comment: Commenters urged HUD to
                                                of Healthcare Programs, including                       issued or reissued in FY 2016 would be                extend MIP changes to programs under
                                                health care facilities and hospital                     the same as those published for FY                    FHA’s Office of Healthcare Programs,
                                                insurance programs, are not changed.                    2015. HUD then published a notice on                  including the health care facilities and
                                                This document also addresses the                        January 28, 2016, at 81 FR 4926,                      hospital insurance programs, in order to
                                                public comments received in response                    announcing proposed MIP changes for                   further promote these programs. These
                                                to the proposed MIP changes. Lastly,                    FY 2016 in certain programs authorized                commenters suggested that by excluding
                                                this MIP document also provides a                       under the Act (12 U.S.C. 1709(c)(1)),                 properties financed under Section 232
                                                regulatory waiver for the 542(c) Risk-                  and certain other multifamily programs.               and Section 242 programs, HUD misses
                                                Sharing program to participate in the FY                The January 28, 2016, notice was                      the opportunity to further the
                                                2016 MIP changes for commitments                        proposed to promote two of HUD’s                      Administration’s healthcare objectives.
                                                issued or reissued beginning April 1,                   mission priorities: affordable housing                   HUD Response: HUD will continue to
                                                2016, for the remainder of FY 2016 and                  and energy efficiency. HUD sought                     evaluate MIP rates, but is not at this
                                                for FY 2017.                                            public comment on the proposed                        time extending MIP changes to
                                                                                                        changes, as required by 24 CFR 207.254.               programs under FHA’s Office of
                                                DATES: Effective Date: The revised MIP
                                                                                                                                                              Healthcare Programs, including the
                                                will be effective for any firm                          II. Public Comments                                   health care facilities and hospital
                                                commitments issued or reissued on or                       The public comment period on the                   insurance programs under sections 232
                                                after April 1, 2016. MIP rates will not be              January 28, 2016, notice closed on                    and 242, respectively.
                                                modified for any loans that close or                    February 29, 2016, and HUD received 19                   Comment: Commenters asked that the
                                                reach initial endorsement prior to or on                public comments by the close of the                   new MIP rates be made available to
                                                March 31, 2016. MIP rates will not be                   public comment period. Comments                       existing FHA-insured loans on
                                                modified on FHA-insured loans initially                 were submitted by mortgage lenders,                   properties that meet or will meet the
                                                or finally endorsed, in conjunction with                organizations representative of the                   required standards, to loans undergoing
                                                interest rate reductions, or in                         health care industry and of the home                  interest rate reductions through HUD’s
                                                conjunction with loan modifications.                    building industry, private citizens, and              Multifamily Office of Asset Management
                                                MIP rates for the 542(c) Risk-Sharing                   other interested parties. All public                  and Portfolio Oversight (OAMPO), to
                                                program will be eligible only through                   comments can be found on                              loan modifications through OAMPO, to
                                                FY 2017.                                                www.regulations.gov under the docket                  loans initially endorsed (closed) but not
                                                FOR FURTHER INFORMATION CONTACT:                        number FR–5876–N–01. The following                    finally endorsed, and to loans on
                                                Theodore K. Toon, Director, Office of                   presents the key issues raised by                     recently built housing (within the past
                                                Multifamily Production, Office of                       commenters and HUD’s response to                      5 years) that have or could obtain
                                                Housing, Department of Housing and                      these issues.                                         Energy Star building certification.
                                                Urban Development, 451 7th Street SW.,                                                                           HUD Response: New MIP rates cannot
                                                Washington, DC 20410–8000; telephone                    Authority                                             be applied retroactively; each of these
                                                number: 202–402–8386 (this is not a                       Comment: One commenter stated that                  scenarios represents already-closed
                                                toll-free number). Hearing- or speech-                  HUD had not demonstrated its authority                loans. Therefore, the MIP new rates will
                                                impaired individuals may access these                   to implement these MIP changes, and                   become effective only for FHA firm
                                                numbers through TTY by calling the                      another commenter asked if HUD would                  commitments issued or reissued, and
                                                Federal Relay Service at 800–877–8339                   be issuing additional regulations to                  closed, on or after April 1, 2016.
                                                (this is a toll-free number).                           confirm the appropriate MIP.
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                          HUD Response: We disagree; section                  Affordability
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        203(c)(1) of the Act authorizes the                      Comment: Commenters asked for a
                                                I. Background                                           Secretary to set the premium charge for               change to the requirements to qualify for
                                                   Section 203(c)(1) of the National                    insurance of mortgages under the                      the MIP rate for Broadly Affordable
                                                Housing Act (the Act) authorizes the                    various programs in the Act, and 24 CFR               housing: Properties must have
                                                Secretary to set the premium charge for                 207.254 provides that HUD will                        ‘‘achievable and underwritten tax credit
                                                insurance of mortgages under the                        implement future multifamily premium                  rents at least 10 percent below


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                                                                  Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations                                          18475

                                                comparable market rents.’’ Commenters                   fixed lender costs and time                           inclusionary zoning compliance period
                                                recommended that ‘‘achievable and’’ be                  requirements, and asked HUD to assess                 be reduced from 30 years to 15 years.
                                                deleted because of the confusion it                     the impact for loans that fall into the                  HUD Response: The affordability
                                                could cause.                                            $2–5 million range; commenting that                   requirements under LIHTC or PBRA/
                                                   HUD Response: HUD disagrees. The                     the market is familiar with the $5                    Section 8 are much deeper than those
                                                phrase (‘‘achievable and underwritten                   million small loan limit set by the                   generally required under inclusionary
                                                tax credit rents at least 10 percent below              Federal Housing Finance Agency for the                zoning laws. HUD believes, therefore,
                                                comparable market rents’’) is necessary                 Fannie Mae and Freddie Mac small loan                 that the longer affordability requirement
                                                in order to differentiate from the                      programs. One commenter asked that                    (30 years) is reasonable.
                                                maximum or ceiling tax credit rents,                    HUD provide underlying information on                    Comment: One industry association
                                                and is widely understood in the                         the need for such a broad limitation.                 opposed using the FHA multifamily
                                                industry.                                                  HUD Response: The intent is to                     insurance programs ‘‘to incentivize
                                                   Comment: Commenters recommended                      ensure that the benefits of these MIP                 complicated and controversial
                                                that properties with greater than 90                    rates directly benefit the properties and             inclusionary zoning laws at the local
                                                percent affordable units, but without a                 residents. In FHA’s experience,                       level.’’ One commenter stated that some
                                                10 percent underwritten market rent                     Multifamily Accelerated Processing                    studies have shown inclusionary zoning
                                                advantage necessary to qualify as                       (MAP) lenders today are generally not                 may not be the most cost effective way
                                                Broadly Affordable, should qualify for                  charging fees in excess of 5 percent on               to address affordability, and can
                                                the Affordable mixed-income MIP rate                    loans under $5 million, even though                   actually lead to fewer units being
                                                of 35 basis points.                                     they may do so. According to aggregated               delivered.
                                                   HUD Response: HUD agrees, and has                    lender disclosures, just 6 percent of                    HUD Response: HUD is not
                                                made the change in the final notice.                    FHA-insured loans under $5 million,                   incentivizing inclusionary zoning or
                                                   Comment: Commenters asked if a                       originated between FY 2013 and FY                     other set-aside laws through these rates.
                                                property will qualify for the MIP                       2016, year-to-date, charged fees in                   Rather, the new structure recognizes
                                                reduction if it has a project-based                     excess of 5 percent, and most of these                affordability in its many forms. HUD
                                                Section 8 that runs less than 15 years or               were concentrated in loans under $2                   will study the effects of these rates for
                                                is not renewed but the owner honors the                 million. Accordingly, HUD does not                    future rate considerations.
                                                full 15-year use restriction.                           believe that this limitation will present             Green/Energy Efficient
                                                   HUD Response: HUD will be                            a burden to MAP lenders.
                                                providing the MIP reduction only to                        Comment: One commenter said that it                   Comment: A number of commenters
                                                properties that have a Section 8 contract               may be counterproductive to have a                    pointed out that the requirement for a
                                                and use restriction that run a minimum                  loan fee limit on loans over $2 million               property owner to report building
                                                of 15 years after final endorsement.                    at precisely the time HUD is                          performance 12 months after new
                                                   Comment: Commenters recommended                      encouraging MAP lenders to participate                construction/substantial rehabilitation
                                                that the new MIP rates be available in                  in its Small Building Risk Share                      is unreasonable, as the property must be
                                                situations where the property owner                     Initiative (SBRS).                                    occupied, and operate for a full 12
                                                accepts Section 8 voucher holders for                      HUD Response: Loans originated                     months, before collecting and reporting
                                                just the affordable units, rather than an               under Risk Share programs, including                  the data. Further, the requirement may
                                                unlimited requirement for the entire                    SBRS, are exempt from the fee                         preclude properties from one or more of
                                                property, due to potential property                     limitations.                                          the performance-based green building
                                                owners’ concerns about converting an                       Comment: One commenter asked that                  certifications recognized for the green/
                                                entire property to Section 8, over time,                loans with firm commitments issued                    energy efficient MIP rate.
                                                in what is intended as a mixed- income                  prior to the January 28, 2016,                           HUD Response: HUD agrees, and has
                                                property. Another commenter stated                      publication of the proposed MIP rates be              amended the notice to require reporting
                                                that in the MIP definition of Affordable                excluded from the fee limitations.                    of complying building performance
                                                there is a requirement that the property                   HUD Response: The loan fee                         ‘‘. . . no more than 15 months after
                                                owner agree to accept Section 8 voucher                 limitations only apply to loans with                  completion of new construction,
                                                holders for the life of the loan, and the               FHA firm commitments issued or                        substantial rehabilitation or renovations,
                                                commenter requested that this be                        reissued on or after April 1, 2016. Firm              or 15 months after break-even
                                                limited to the 15-year affordability                    commitments issued prior to that date                 occupancy.’’
                                                period rather than the life of the loan.                are exempt from the loan fee limitation                  Comment: Commenters stated that
                                                   HUD Response: HUD disagrees, and                     (though still subject to disclosure),                 small properties make up the majority of
                                                continues to require that for a property                unless requesting reissuance or                       all apartment buildings and often
                                                owner to access the MIP rate under the                  modification to utilize the new rates.                provide housing affordability. Yet
                                                Affordable rate category the property                   Any loan accessing the lower rates will               properties under 20 units are excluded
                                                owner must agree to accept voucher                      also be subject to the loan fee limitation.           from getting a 1–100 EnergyStar score
                                                holders as residents for all vacancies                                                                        from Portfolio Manager, effectively
                                                                                                        Inclusionary Zoning                                   blocking them from taking advantage of
                                                and for the life of the regulatory
                                                agreement.                                                 Comment: Commenters wrote that                     the reduced MIP rate. Commenters
                                                                                                        properties subject to inclusionary                    asked that HUD consider, for the
                                                Lender Fee Restrictions for Certain MIP                 zoning agreements are only eligible for               purpose of accessing the Green/Energy
                                                Rate Categories (Broadly Affordable and                 the reduced MIP rate if the term of the               Efficient MIP rate, exempting smaller
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                                                Green/Energy Efficient)                                 affordability agreement is 30 years or                properties from the requirement of a 75+
                                                  Comment: Commenters requested that                    longer, compared to Low Income                        score on Portfolio Manager, as long as
                                                the 5 percent cap on total loan fees be                 Housing Tax Credit (LIHTC) or Project-                they are or will be certified by one of the
                                                removed, or the threshold significantly                 Based Rental Assistance (PBRA)                        recognized, independent green building
                                                increased. The commenters stated that                   properties in this same rate category,                standards.
                                                small loans are challenging to originate,               which have minimum compliance                            HUD Response: HUD agrees, and has
                                                underwrite, and service, due to certain                 periods of 15 years. They asked that the              modified the notice. Small properties


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                                                18476             Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations

                                                (under 20 units) must meet one of the                   required to submit to HUD a compliance                the 1–100 ENERGY STAR score is
                                                recognized independent green building/                  plan and timeline for achieving the                   recalibrated, properties may
                                                energy efficiency standards in order to                 required certification and performance,               demonstrate ongoing compliance by
                                                access the Green/Energy Efficient MIP                   acceptable to HUD. An owner working                   providing a copy of the Portfolio
                                                rate, but are exempt from the 75+                       in good faith and demonstrating                       Manager report showing building
                                                Portfolio Manager score requirement.                    progress toward compliance in HUD’s                   consumption/performance has been
                                                   Comment: One commenter                               discretion will not be flagged in HUD’s               maintained, even if the resulting score
                                                recommended that HUD consider tiered                    2530 previous participation system.                   under a recalibrated scale is less than
                                                or graduating MIP rates for varying                        Comment: Commenters asked that the                 75. Properties applying for the MIP rate
                                                levels of energy efficiency to encourage                notice clarify that the person certifying             will have to comply with the current
                                                all property owners to undertake                        the green building standard be                        standard score requirement that is
                                                efficiency retrofits to the extent feasible.            appropriately credentialed, and stated                applicable at that time.
                                                   HUD Response: While HUD agrees                       that a Capital Needs Assessment (CNA)                    Comment: One commenter asked why
                                                with the intent, such a rate structure                  provider may or may not be able to                    a property that can meet both the
                                                would be overly complex and                             provide an energy design certification,               Broadly Affordable and the Green/
                                                challenging to administer. HUD will                     unless they are licensed/accredited per               Energy Efficient requirements is not
                                                continue to review rates and                            the Energy Auditor requirements.                      rewarded through a further rate
                                                opportunities to promote its mission                       HUD Response: HUD agrees, and has                  reduction.
                                                objectives.                                             struck CNA provider as a qualified                       HUD Response: The rates offered
                                                   Comment: Multiple commenters                         certifier of a green building standard or             under those two rate categories are the
                                                presented alternative green building                    energy design certification. The CNA                  lowest allowed by statute, so not further
                                                certification standards for consideration,              provider may certify, if appropriately                reductions can be offered at this time.
                                                and/or asked what the process will be                   credentialed, in their capacity as                       Comment: One commenter asked
                                                for approval of green building                          architect, engineer, energy auditor, and/
                                                certification standards beyond those                                                                          whether the reduction in MIP for Green/
                                                                                                        or approved certifier under the specified             Energy Efficient buildings have to be
                                                listed in the notice.                                   green building standard.
                                                   HUD Response: In addition to the                                                                           from private investment, or if the energy
                                                                                                           Comment: Commenters recommended
                                                recognized standards listed in the                                                                            upgrades can be paid be from a
                                                                                                        that HUD delete the phrase ‘‘and
                                                notice, HUD will accept ‘‘other                                                                               government program such as DOE
                                                                                                        maintain’’ in reference to recognized
                                                industry-recognized green building                                                                            Weatherization or a similar State
                                                                                                        green building certifications, because
                                                standards in the sole discretion of                                                                           program.
                                                                                                        the notice requires a property to not
                                                HUD’s Office of Multifamily                             only achieve, but to maintain one of the                 HUD Response: While it is anticipated
                                                Production.’’ Lenders should submit                     recognized, independent green building                that many property owners may utilize
                                                such requests to the Director of                        certification standards, yet the named                the additional mortgage proceeds made
                                                Multifamily Production, in HUD                          green building rating systems are all                 possible by the lower MIP to retrofit
                                                headquarters. A committee will review                   design and construction standards and                 properties to meet the stringent
                                                such requests for consideration. In                     do not include provisions for                         efficiency standards required, an owner
                                                response to the specific requests                       maintaining the certification.                        is not required to do so. Energy
                                                submitted with public comments, HUD                        HUD Response: HUD agrees, and has                  efficiency retrofits can be paid from any
                                                has revised the notice to recognize                     modified the notice to strike ‘‘and                   public or private source of funds,
                                                Passive House certifications, LEED for                  maintain’’ from the green building                    subject to limitations on other debt
                                                Existing Buildings: Operations &                        certification requirement.                            established by the FHA MAP program.
                                                Maintenance, and Living Building                           Comment: A commenter asked for                     General
                                                Challenge Certification.                                clarification on the requirement for a
                                                   Comment: Commenters asked about                      property accessing the Green/Energy                      Comment: One commenter asked that
                                                notice references to Real Estate                        Efficient MIP rate to achieve and                     HUD’s posted data identify current
                                                Assessment Center (REAC) protocols for                  maintain the 75+ Portfolio Manager                    loans in its portfolio in the new MIP rate
                                                properties not achieving their proposed                 score.                                                categories, to allow a viewer to
                                                green building standard or the 75+                         HUD Response: A property accessing                 determine which loans in the portfolio
                                                Portfolio Manager score. One                            the Green/Energy Efficient MIP rate will              would qualify for which rates.
                                                commenter stated that the REAC                          be required to maintain its efficiency                   HUD Response: HUD does not have
                                                protocol should not be unilaterally                     performance. The property owner will                  the level of detail in its dataset to allow
                                                changed to incorporate tests on whether                 submit its 1–100 ENERGY STAR score                    this identification. All loans originated
                                                properties are eligible for MIP                         from EPA’s Portfolio Manager report to                under the new rate structure will be
                                                reductions. Others asked what actions                   HUD, annually.                                        identified by rate category.
                                                HUD would pursue for a property’s                          Comment: Commenters stated the                        Comment: One commenter suggested
                                                failure to achieve green building                       notice’s required score of 75+ on EPA’s               that the new MIP rate structure would
                                                certification and a score of 75+ in                     Portfolio Manager will be a ‘‘moving                  disadvantage market rate properties,
                                                Portfolio Manager (for example, might                   target’’ as the underlying database of                disproportionately harming rental
                                                actions include 2530 flags or MIP                       properties recalibrates the scores, and               properties in secondary and tertiary
                                                changes).                                               asked how an owner can certify to this                markets.
                                                   HUD Response: HUD is not changing                    target.                                                  HUD Response: The largest reduction
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                                                REAC protocols. The intent is not to be                    HUD Response: The Portfolio                        from current rates to those effective
                                                punitive, but to ensure compliance with                 Manager data set and underlying                       April 1, 2016, is for market rate
                                                the specified green building certification              algorithm, and therefore the resulting                properties that are, or choose to, retrofit
                                                and efficiency performance standards.                   scores, will not be changed for the                   to a recognized green building/energy
                                                Properties that fail to achieve their                   foreseeable future, according to EPA.                 efficiency standard. This rate category
                                                designated green building standard or                   The objective is to ensure sustained                  was added specifically to recognize and
                                                the 75+ Portfolio Manager score will be                 property performance. If, in the future,              promote green and energy efficient


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                                                                  Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations                                                 18477

                                                properties, whether affordable or market                III. Final Notice                                        To ensure that the benefits of these
                                                rate.                                                      This notice adopts the proposed                    MIP rates directly benefit the affordable
                                                   Comment: A commenter observed that                   changes in the January 28, 2016 notice.               housing properties and residents,
                                                the negative subsidy rates for MIP since                Specifically, HUD is adopting changes                 lenders submitting applications for
                                                FY 2013 show that the multifamily                       to FY 2016 MIPs for FHA-insured loans                 loans using this MIP rate are limited, in
                                                programs are generating more than                       on properties under specific                          the total loan fees they may charge on
                                                enough revenue to cover losses, and                     Multifamily Mortgage Insurance                        any loan greater than $2 million, to no
                                                requested that HUD review the MIPs for                  programs effective on April 1, 2016. The              more than 5 percent of the insured loan
                                                all of its loan programs, and set the                   new annual multifamily mortgage                       amount. Loan fees include (a)
                                                levels at the rate necessary to cover                   insurance rates will be structured as                 origination and placement fees as
                                                losses and costs to the program.                        four categories, as follows, and as                   permitted by the Multifamily
                                                   HUD Response: HUD has and will                       illustrated on the table below. Under                 Accelerated Processing (MAP)
                                                continue to review its MIP rates.                       this rate structure, portfolio and                    Guide; 2 plus (b) trade profit, trade
                                                   Comment: Commenters requested                        actuarial analysis demonstrates that                  premium or marketing gain earned on
                                                clarification with regard to the notice’s               premium revenues will exceed losses                   the sale of the Government National
                                                reference to the upfront capitalized MIP                                                                      Mortgage Association (GNMA) security
                                                                                                        for the foreseeable future. HUD has
                                                for construction loans and the absence                                                                        at a value above par, even if the security
                                                                                                        made minor changes in response to
                                                of a reference to a ‘‘look back’’ after final                                                                 sale is delayed until after endorsement;
                                                                                                        comments received, as discussed below.
                                                closing that recalculates MIP at 1                                                                            minus (c) loan fees applied by the
                                                percent of the actual outstanding                       A. Market Rate Housing                                mortgagee to its legal expenses incurred
                                                amount.                                                    Upfront and annual MIP rates will                  in connection with loan closing.
                                                   HUD Response: For New Construction                   remain unchanged for all FHA-insured                  C. Affordable Housing
                                                and Substantial Rehabilitation                          multifamily loan types on market rate
                                                                                                                                                                 Annual MIPs will change from
                                                transactions, the upfront capitalized                   properties, except properties that meet
                                                                                                                                                              current rates generally between 45 and
                                                MIP is the applicable annual MIP rate,                  the criteria below for green and energy
                                                                                                                                                              70 basis points,3 to 35 basis points for
                                                times the loan amount, times the                        efficient housing.                                    all multifamily FHA-insured loan types.
                                                number of years of construction,                                                                              To qualify, the property must provide a
                                                                                                        B. Broadly Affordable Housing
                                                rounded up to the nearest full year for                                                                       set-aside of affordable units as defined
                                                partial years.                                             Annual MIPs will change from the
                                                                                                        current rates generally between 45 and                below, and agree to accept voucher
                                                   Comment: One commenter stated that                                                                         holders:
                                                there may be an advantage for risk-share                50 basis points,1 to 25 basis points for
                                                                                                                                                                 • Inclusionary Zoning, Density Bonus
                                                lenders compared to MAP lenders, on                     all multifamily FHA-insured loan types
                                                                                                                                                              Set-asides, and Other Local
                                                tax credit projects in markets where tax                that meet the criteria in this section.
                                                                                                           All loans originated by Housing                    Affordability Restrictions: Property
                                                credit rents are close to market rents                                                                        owners shall submit with the FHA
                                                (less than 10 percent advantage), and                   Finance Agencies under FHA’s Section
                                                                                                                                                              mortgage insurance application
                                                the rate for MAP lender originated loans                542(c) Risk-Sharing program, and by
                                                                                                                                                              evidence of a deed covenant or housing
                                                will be 35 basis points, while risk-share               Qualified Participating Entities
                                                                                                                                                              ordinance on ‘‘inclusionary zoning’’ at
                                                loans qualify as Broadly Affordable at                  including Fannie Mae and Freddie Mac
                                                                                                                                                              the subject property to evidence the
                                                25 basis points.                                        under FHA’s Section 542(b) Risk-
                                                                                                                                                              requirement for affordable unit set-
                                                   HUD Response: The risk share                         Sharing program, will be eligible for this
                                                                                                                                                              asides. A minimum of 10 percent of the
                                                program is an affordable lending                        25 basis points rate, multiplied by the
                                                                                                                                                              units must be affordable to, at most, a
                                                program by statute, and is therefore                    percentage risk assumed by FHA (see
                                                                                                                                                              family at 80 percent Area Median
                                                categorically qualified for the lowest                  table below). For all others to qualify,
                                                                                                                                                              Income (AMI), with rents sized to be
                                                MIP rate. In the limited cases where the                the property must have Section 8                      affordable at 30 percent of the income
                                                described scenario may apply, we do                     assistance or another recorded                        at that level. The affordability set-aside
                                                not believe the 10 basis points                         affordability restriction, and/or Low-                must be on site, be in effect for at least
                                                differential will be enough to skew the                 Income Housing Tax Credits (LIHTC).                   30 years after final endorsement of the
                                                market away from MAP lending. HUD                          These projects must either:
                                                                                                           • Have at least 90 percent of units                FHA-insured mortgage, be monitored by
                                                will continue to explore the potential                                                                        public authority, and be recorded in a
                                                disparity raised by the commenter, and                  covered by a Section 8 PBRA contract or
                                                                                                        other State or Federal rental assistance              regulatory agreement;
                                                may consider changes to address the                                                                              • Project has between 10 percent and
                                                issue in a subsequent MIP notice.                       program contract serving very low
                                                                                                                                                              90 percent of units covered by a Section
                                                                                                        income residents, with a remaining term
                                                   Comment: One commenter raised                                                                              8 PBRA contract or other State or
                                                                                                        of at least 15 years; or
                                                concerns about the impact of Executive                                                                        Federal rental assistance program
                                                                                                           • Have at least 90 percent of its units
                                                Order 13690 and the new Federal Flood                                                                         contract serving very low-income
                                                                                                        covered by an affordability use
                                                Risk Management Standard (FFRMS) on                                                                           residents, with a remaining term of at
                                                                                                        restriction under the LIHTC program or
                                                housing affordability when                                                                                    least 15 years;
                                                                                                        a similar State or locally sponsored
                                                implemented and applied to new FHA-                                                                              • Project has between 10 percent and
                                                                                                        program, with achievable and
                                                insured loans for new construction and                                                                        90 percent of its units covered by an
                                                                                                        underwritten tax credit rents at least 10
                                                substantial rehabilitation, Community                                                                         affordability use restriction under the
                                                                                                        percent below comparable market rents,
                                                Development Block Grants (CDBG), and                                                                          LIHTC program or similar State or
                                                                                                        and with a recorded regulatory
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                                                HOME Investment Partnerships Program                                                                          locally sponsored program, with rents
                                                                                                        agreement in effect for at least 15 years
                                                funds.
                                                                                                        after final endorsement and monitored
                                                   HUD Comment: Executive Order                                                                                 2 http://portal.hud.gov/hudportal/HUD?src=/
                                                                                                        by a public entity.                                   program_offices/administration/hudclips/
                                                13690 and the new FFRMS are outside
                                                                                                                                                              guidebooks/hsg-GB4430.
                                                the scope of this notice. Any actions                     1 Except in the case of a 207/223(f) refinance or     3 Except in the case of a 207/223(f) refinance or
                                                implementing the Executive order will                   purchase that has a current upfront capitalized MIP   purchase that has a current upfront capitalized MIP
                                                be the subject of a separate publication.               basis points of 100.                                  basis points of 100.



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                                                18478             Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations

                                                sized at no greater than 30 percent of the              and/or to retrofit to the next-level green            occupancy. If not achieved, HUD may
                                                income eligible for occupancy under the                 certification standards.                              impose protocols to ensure the owner
                                                LIHTC program, with a recorded                             To qualify, upon application for FHA               brings the property into compliance,
                                                regulatory agreement in effect for at                   mortgage insurance, the owner must                    similar to protocols used by REAC for
                                                least 15 years after final endorsement                  evidence that the project has achieved,               unacceptable property standards. The
                                                and monitored by a public entity; or                    or the owner must certify that it will                owner must submit the Portfolio
                                                   • Project has at least 90 percent of its             pursue and achieve, an industry-                      Manager report annually to HUD
                                                units covered by an affordability use                   recognized standard for green building.               showing that the property has
                                                restriction under the LIHTC program or                  Acceptable, independently verified                    maintained its efficiency performance.
                                                similar State or locally sponsored                      standards include the Enterprise Green                Note that properties of less than 20 units
                                                program, but without the rent advantage                 Communities Criteria; U.S. Green                      may qualify for this MIP rate by
                                                required to qualify as Broadly                          Building Council’s LEED–H, LEED–H                     achieving an industry-recognized
                                                Affordable (achievable and                              Midrise, LEED–NC, or LEED for Existing                standard for green building, as
                                                underwritten tax credit rents at least 10               Buildings: Operations & Maintenance;                  described above, but are exempt from
                                                percent below comparable market                         ENERGY STAR certification; EarthCraft                 the requirement to achieve a score of 75
                                                rents), and with a recorded regulatory                  House; EarthCraft Multifamily; Earth                  or better on the 1–100 ENERGY STAR
                                                agreement in effect for at least 15 years               Advantage New Homes; Greenpoint                       score.
                                                after final endorsement and monitored                   Rated New Home; Greenpoint Rated                         To ensure that the benefits of these
                                                by a public entity.                                     Existing Home (Whole House or Whole                   MIP rates directly benefit the properties
                                                   To qualify for this MIP rate, the                    Building label); the National Green                   and residents, lenders submitting
                                                project owner must also agree to accept                 Building Standard (NGBS); Passive                     applications for loans using this MIP
                                                voucher holders under the Section 8                     Building Certification or EnerPHit                    rate are limited in the total loan fees
                                                Housing Choice Voucher program or                       Retrofits certification from the Passive              they may charge on any loan greater
                                                other Federal program voucher holders                   House Institute US (PHIUS),                           than $2 million, to no more than 5
                                                as residents for vacancies in units not                 International Passive House                           percent of the insured loan amount.
                                                covered by project-based Section 8, and                 Association, or the Passive House                     Loan fees include (a) origination and
                                                execute a rider to the FHA regulatory                   Institute; and Living Building Challenge              placement fees as permitted by the MAP
                                                agreement, acceptable to HUD,                           Certification from the International                  Guide; plus (b) trade profit, trade
                                                evidencing the owner’s agreement to                     Living Future Institute, or other                     premium or marketing gain earned on
                                                accept Section 8 vouchers for the life of               industry-recognized green building                    the sale of the GNMA security at a value
                                                the regulatory agreement.                               standards, in the sole discretion of                  above par, even if the security sale is
                                                   Change: In response to public                        HUD’s Office of Multifamily Production.               delayed until after endorsement; minus
                                                comments, HUD added the forth bullet                       Further, the owner must certify that it            (c) loan fees applied by the mortgagee to
                                                providing an extra class of properties to               has achieved, or will pursue, achieve,                its legal expenses incurred in
                                                those that are eligible for this affordable             and maintain a score of 75 or better on               connection with loan closing.
                                                housing MIP rate.                                       the 1–100 ENERGY STAR score, using                       Change: In response to public
                                                                                                        EPA’s Portfolio Manager. The                          comments, HUD makes the following
                                                D. Green and Energy Efficient Housing                   reasonableness of achieving and                       changes:
                                                   Annual MIPs will change from                         maintaining the specified, independent                   • Deletes the phrase ‘‘and maintain’’
                                                current rates generally between 45 and                  green building standard, and the score                in reference to the owner providing
                                                70 basis points,4 to 25 basis points for                of 75 or better in Portfolio Manager,                 evidence that the project has achieved
                                                all multifamily FHA-insured loan types.                 must be verified by the independent                   an industry-recognized standard for
                                                Projects will access this rate to                       conclusion of the qualified assessor                  green building.
                                                encourage owners to adopt higher                        preparing the physical condition                         • Adds to the list of certifications
                                                standards for construction,                             assessment, and supported by the                      Passive House certifications, LEED for
                                                rehabilitation, repairs, maintenance, and               physical condition assessment report                  Existing Buildings: Operations &
                                                property operations that are more                       and recommendations, ASHRAE level II                  Maintenance, and Living Building
                                                energy efficient and sustainable than                   energy audit (required for existing                   Challenge Certification, and clarifies
                                                traditional approaches to such activities.              structures only), and plans for new                   that other industry-recognized green
                                                The lower rate will incentivize owners                  construction, or rehabilitation, repairs,             building standards will be approved at
                                                to implement measures that result in                    and operations and maintenance. The                   the discretion of HUD’s Office of
                                                projects with greater energy and water                  physical condition assessment report                  Multifamily Production.
                                                efficiency, reduced operating costs,                    submitted with the mortgage insurance                    • Clarifies that a CNA provider may
                                                improved indoor air quality and                         application must include a certification              only certify a physical condition
                                                resident comfort, and reduced overall                   from the architect, engineer, or energy               assessment report, if appropriately
                                                impact on the environment. It is                        auditor that the planned scope of work                credentialed, in their capacity as
                                                anticipated that mortgage proceeds will                 is reasonably sufficient to achieve and               architect, engineer, energy auditor, and/
                                                be used to retrofit properties to meet the              maintain the specified certification.                 or approved certifier under the specified
                                                stringent efficiency standards required                    Additionally, the owner must submit                green building standard.
                                                                                                        to HUD evidence that the specified,                      • Amends the time frame for
                                                to access this lower MIP premium. For
                                                                                                        independent green building standard                   providing the report showing
                                                properties that have already achieved a
                                                                                                        has been achieved, and provide a copy                 compliance with building performance
                                                green building standard and that are
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                                                                                                        of the Portfolio Manager report showing               after completion of new construction,
                                                refinancing with this lower MIP
                                                                                                        building performance at or above 75,                  substantial rehabilitation, or renovations
                                                premium, proceeds may be used to
                                                                                                        when those standards have been                        from no more than 12 months to no
                                                complete further efficiency upgrades,
                                                                                                        achieved, and no more than 15 months                  more than 15 months. HUD also
                                                  4 Except in the case of a 207/223(f) refinance or     after completion of new construction,                 provides that such report may be
                                                purchase that has a current upfront capitalized MIP     substantial rehabilitation or renovations             provided 15 months after break-even
                                                basis points of 100.                                    or 15 months after break-even                         occupancy.


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                                                                          Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations                                                                                     18479

                                                  • Requires that owners submit the                                          rate, small properties are exempt from                                   FHA multifamily mortgage insurance
                                                Portfolio Manager report annually to                                         the requirement to achieve a score of 75                                 covered under this notice. This notice
                                                HUD showing that the property has                                            or better on the 1–100 ENERGY STAR                                       does not change MIP rates for programs
                                                maintained its efficiency performance.                                       score.                                                                   under FHA’s Office of Healthcare
                                                  • Provides that while small properties                                     IV. MIPs for Certain FHA’s Multifamily                                   Programs, including health care
                                                (under 20 units) must meet one of the                                        Mortgage Insurance Programs for April                                    facilities and hospital insurance
                                                recognized independent green building/                                       1, 2016                                                                  programs.
                                                energy efficiency standards in order to                                         The chart below details the MIP rates
                                                access the Green/Energy Efficient MIP                                        for each rate category, and each type of

                                                                                            FHA MULTIFAMILY MORTGAGE INSURANCE PREMIUMS BY RATE CATEGORY
                                                                                                                                                                              Current                Apr 1, 2016,
                                                                                                                                                                               upfront                  upfront          Current               Apr 1, 2016,
                                                                                                                                                                             capitalized              capitalized      annual MIP
                                                                       FHA Multifamily mortgage insurance program                                                                                                                              annual MIP
                                                                                                                                                                                MIP *                    MIP *            basis                basis points
                                                                                                                                                                                basis                    basis           points
                                                                                                                                                                               points                   points

                                                MARKET RATE HOUSING .............................................................................                         ........................     Unchanged    ........................     Unchanged
                                                207 Multifamily New Constr/Sub Rehab w/o LIHTC .....................................                                                          70              70                        70              70
                                                207 Manufactured Home Parks w/o LIHTC ..................................................                                                      70              70                        70              70
                                                221(d)(4) New Constr/Sub Rehab w/o LIHTC ................................................                                                     65              65                        65              65
                                                220 Urban Renewal Housing w/o LIHTC ......................................................                                                    70              70                        70              70
                                                213 Cooperative ............................................................................................                                  70              70                        70              70
                                                207/223(f) Refi or Purchase for Apts. w/o LIHTC ...........................................                                                 100              100                        60              60
                                                223(a)(7) Refi of Apts. w/o LIHTC ...................................................................                                         50              50                        50              50
                                                231 Elderly Housing w/o LIHTC ....................................................................                                            70              70                        70              70
                                                241(a) Supplemental Loans for Apts. coop w/o LIHTC ..................................                                                         95              95                        95              95
                                                BROADLY AFFORDABLE HOUSING .............................................................                                  ........................            25    ........................            25
                                                207 New Constr/Sub Rehab w 90 percent+ LIHTC, or 90 percent+ Section
                                                  8 ...................................................................................................................                      45                25                      45                25
                                                207 Manufactured Home Parks w 90 percent+ LIHTC, or 90 percent+
                                                  Section 8 ......................................................................................................                           45                25                       45               25
                                                221(d)(4) New Constr/Sub Rehab w 90 percent+ LIHTC, or 90 percent+
                                                  Section 8 ......................................................................................................                           45                25                      45                25
                                                220 Urban Renewal Housing w 90 percent+ LIHTC, or 90 percent+ Sec-
                                                  tion 8 ............................................................................................................                        45                25                       45               25
                                                207/223(f) Refi or Purchase w 90 percent+ LIHTC, or 90 percent+ Section
                                                  8 ...................................................................................................................                     100                25                       45               25
                                                223(a)(7) Refi w 90 percent+ LIHTC, or 90 percent+ Section 8 .....................                                                            50               25                       45               25
                                                231 Elderly Housing w 90 percent+ LIHTC, or 90 percent+ Section 8 ........                                                                    45               25                       45               25
                                                241(a) for Apts./coop w 90 percent+ LIHTC, or 90 percent+ Section 8 .........                                                                 45               25                       45               25
                                                Section 542(b) Risk-Sharing ** ........................................................................                                       50               25                       50               25
                                                Section 542(c ) Risk-Sharing ** .......................................................................                                       50               25                       50               25
                                                AFFORDABLE: INCLUSIONARY VOUCHERS ..............................................                                          ........................             35   ........................             35
                                                207 New Constr/Sub Rehab w Inclusionary Zoning, or 10 percent–90 per-
                                                  cent LIHTC, or 10 percent–90 percent Section 8 ........................................                                              45–70                   35                45–70                   35
                                                207 Manufactured Home Parks w Inclusionary Zoning, or 10 percent–90
                                                  percent LIHTC, or 10 percent–90 percent Section 8 ...................................                                                45–70                   35                45–70                   35
                                                221(d)(4) New Constr/Sub Rehab w Inclusionary Zoning, or 10 percent–90
                                                  percent LIHTC, or 10 percent–90 percent Section 8 ...................................                                                45–65                   35                45–65                   35
                                                220 Urban Renewal Housing w Inclusionary Zoning, or 10 percent–90 per-
                                                  cent LIHTC, or 10 percent–90 percent Section 8 ........................................                                              45–70                   35                45–70                   35
                                                207/223(f) Refi or Purchase w Inclusionary Zoning, or 10 percent–90 per-
                                                  cent LIHTC, or 10 percent–90 percent Section 8 ........................................                                                   100                35                45–60                   35
                                                223(a)(7) Refinance of Apts. w Inclusionary Zoning, or 10 percent–90 per-
                                                  cent LIHTC, or 10 percent–90 percent Section 8 ........................................                                                    50                35                45–50                   35
                                                231 Elderly Housing w Inclusionary Zoning, or 10 percent–90 percent
                                                  LIHTC, or 10 percent–90 percent Section 8 ................................................                                            45–70                  35                45–70                   35
                                                241(a) Supplementals for Apts./coop w Inclusion Zoning, or 10 percent–90
                                                  percent LIHTC, or 10 percent–90 percent Section 8 ...................................                                                 45–95                  35                 45–95                  35
                                                GREEN/ENERGY EFFICIENT HOUSING ......................................................                                     ........................             25   ........................             25
                                                207 Multifamily New Construction/Sub Rehab w Green ...............................                                                      45–70                  25                 45–70                  25
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                                                207 Manufactured Home Parks with Green ..................................................                                               45–70                  25                 45–70                  25
                                                221(d)(4) New Constr/Sub Rehab w Green ....................................................                                             45–65                  25                 45–65                  25
                                                220 Urban Renewal Housing w Green .........................................................                                             45–70                  25                 45–70                  25
                                                207/223(f) Refi or Purchase for Apts. w Green ...............................................                                               100                25                 45–60                  25
                                                223(a)(7) Refi of Apts. w Green ......................................................................                                        50               25                 45–50                  25
                                                231 Elderly Housing w Green .......................................................................                                     45–70                  25                 45–70                  25




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                                                18480                  Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Rules and Regulations

                                                                             FHA MULTIFAMILY MORTGAGE INSURANCE PREMIUMS BY RATE CATEGORY—Continued
                                                                                                                                                        Current             Apr 1, 2016,
                                                                                                                                                         upfront               upfront          Current     Apr 1, 2016,
                                                                                                                                                       capitalized           capitalized      annual MIP
                                                                     FHA Multifamily mortgage insurance program                                                                                             annual MIP
                                                                                                                                                          MIP *                 MIP *            basis      basis points
                                                                                                                                                          basis                 basis           points
                                                                                                                                                         points                points

                                                241(a) Supplemental Loans for Apts./coop w Green ......................................                        45–95                  25            45–95             25
                                                  * Upfront premiums for multifamily refinancing programs are capitalized and based on the first year’s annual MIP for the applicable rate cat-
                                                egory (except market rate 223(f), where the upfront rate remains at 100 basis points). Upfront premiums for multifamily new construction and
                                                substantial rehabilitation programs insuring advances are capitalized and based on the annual MIP for the applicable rate category for the entire
                                                construction period, rounded up to the nearest whole year.
                                                  ** Under the Sections 542(b) and 542(c) Risk-Sharing programs, the MIP collected by HUD is currently, and will continue to be, proportionate
                                                to the percentage of risk assumed by FHA, as follows:

                                                                                                                                April 1, 2016,                                             April 1, 2016,
                                                                                          FHA percent
                                                             Program                                                 upfront capitalized MIP basis points                              annual MIP basis points
                                                                                          of risk share                               (bps)                                                    (bps)

                                                542(b) ................................      50   percent    12.5 (25 bps × 50 percent) .................................   12.5 (25 bps × 50 percent).
                                                542(c) ................................      50   percent    12.5 (25 bps × 50 percent) .................................   12.5 (25 bps × 50 percent).
                                                                                             75   percent    18.75 (25 bps × 75 percent) ...............................    18.75 (25 bps × 75 percent).
                                                                                             90   percent    22.5 (25 bps × 90 percent) .................................   22.5 (25 bps × 90 percent).



                                                V. Regulatory Waiver for the 542(c)                            VI. Environmental Impact                                      July 22, 2014, FinCEN found that
                                                Risk-Sharing Program                                              This notice involves the                                   reasonable grounds exist for concluding
                                                                                                               establishment of rate or cost                                 that FBME Bank Ltd. (FBME), formerly
                                                   Section 106 of the Department of                                                                                          known as the Federal Bank of the
                                                                                                               determinations and related external
                                                Housing and Urban Development                                                                                                Middle East Ltd., is a financial
                                                                                                               administrative requirements that do not
                                                Reform Act of 1989 (the HUD Reform                                                                                           institution of primary money laundering
                                                                                                               constitute a development decision
                                                Act) (42 U.S.C. 3535(q)) requires HUD to                                                                                     concern pursuant to Section 311 of the
                                                                                                               affecting the physical condition of
                                                publish waivers in the Federal Register.                                                                                     USA PATRIOT Act (Section 311). On
                                                                                                               specific project areas or building sites.
                                                To allow for the FY 2016 MIP changes                           Accordingly, under 24 CFR 50.19(c)(6),                        the same date, FinCEN also published in
                                                covered in this notice to apply to the                         this notice is categorically excluded                         the Federal Register a Notice of
                                                542(c) Risk-Sharing program, authorized                        from environmental review under the                           Proposed Rulemaking (NPRM) to
                                                under the Housing and Community                                National Environmental Policy Act of                          propose the imposition of a special
                                                Development Act of 1992, HUD must                              1969 (42 U.S.C. 4321).                                        measure authorized by Section 311
                                                waive §§ 266.600, 266.602, and 266.604,                                                                                      against FBME and opened a comment
                                                                                                                 Dated: March 28, 2016.                                      period that closed on September 22,
                                                which currently prescribe percentages
                                                for calculating the MIP under the 542(c)                       Edward L. Golding,                                            2014. On July 29, 2015, FinCEN
                                                Risk-Sharing program. HUD believes                             Principal Deputy Assistant Secretary for                      published in the Federal Register a final
                                                                                                               Housing.                                                      rule imposing the fifth special measure,
                                                these set percentages are no longer
                                                appropriate for the 542(c) Risk-Sharing                          Dated: March 28, 2016.                                      which the United States District Court
                                                program and issued a proposed rule on                          Nani A. Coloretti,                                            for the District of Columbia
                                                March 8, 2016, entitled ‘‘Section 542(c)                       Deputy Secretary.                                             subsequently enjoined before the rule’s
                                                Housing Finance Agencies Risk-Sharing                          [FR Doc. 2016–07405 Filed 3–30–16; 8:45 am]                   effective date of August 28, 2015.
                                                Program: Revisions to Regulations’’ (81                        BILLING CODE 4210–67–P                                        FinCEN is issuing this final rule
                                                FR 12051), which would permit MIP                                                                                            imposing a prohibition on U.S. financial
                                                changes for the Risk-Sharing program to                                                                                      institutions from opening or
                                                be published through Federal Register                          DEPARTMENT OF THE TREASURY                                    maintaining a correspondent account
                                                notice. All loans originated under the                                                                                       for, or on behalf of, FBME in place of
                                                Risk-Sharing programs are for affordable                       Financial Crimes Enforcement Network                          the rule published on July 29, 2015.
                                                housing purposes with recorded                                                                                               DATES: This final rule is effective July
                                                affordability restrictions, and therefore                      31 CFR Part 1010                                              29, 2016.
                                                qualify as Broadly Affordable housing.                         RIN 1506–AB27                                                 FOR FURTHER INFORMATION CONTACT: The
                                                HUD believes that the 542(c) Risk-                                                                                           FinCEN Resource Center at (800) 767–
                                                Sharing program, like the other                                Imposition of Special Measure Against                         2825 or regcomments@fincen.gov.
                                                identified Multifamily Housing                                 FBME Bank Ltd., Formerly Known as                             SUPPLEMENTARY INFORMATION:
                                                programs, should be eligible for the MIP                       the Federal Bank of the Middle East
                                                                                                                                                                             I. Background
                                                changes in this notice. Therefore, HUD                         Ltd., as a Financial Institution of
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                                                is issuing this regulatory waiver of                           Primary Money Laundering Concern                              A. Statutory Provisions
                                                §§ 266.600, 266.602, and 266.604 for FY                        AGENCY:  Financial Crimes Enforcement                           On October 26, 2001, the President
                                                2016 and FY 2017. Commitments issued                           Network (FinCEN), Treasury.                                   signed into law the Uniting and
                                                or reissued for 542(c) Risk-Sharing                            ACTION: Final rule.                                           Strengthening America by Providing
                                                program beginning April 1, 2016,                                                                                             Appropriate Tools Required to Intercept
                                                through FY 2017 will be eligible for                           SUMMARY: In a Notice of Finding (NOF)                         and Obstruct Terrorism Act of 2001,
                                                these MIP changes.                                             published in the Federal Register on                          Public Law 107–56 (the USA PATRIOT


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Document Created: 2016-03-31 00:55:51
Document Modified: 2016-03-31 00:55:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAnnouncement and waiver.
ContactTheodore K. Toon, Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-8000; telephone number: 202-402-8386 (this is not a toll-free number). Hearing- or speech-impaired individuals may access these numbers through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation81 FR 18473 

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