81_FR_61882 81 FR 61709 - Single Family Mortgage Insurance: Revision of Section 203(k) Consultant Fee Schedule-Solicitation of Comment

81 FR 61709 - Single Family Mortgage Insurance: Revision of Section 203(k) Consultant Fee Schedule-Solicitation of Comment

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61709-61712
FR Document2016-21226

The Section 203(k) Program is HUD's primary program for the rehabilitation and repair of single family properties. The Section 203(k) mortgage program enables homebuyers and homeowners to finance the purchase, or refinance of a home and include the rehabilitation costs through a single mortgage. There are two types of 203(k) rehabilitation mortgages: Standard 203(k) and Limited 203(k). The Standard 203(k) mortgage may be used for remodeling, rehabilitation and repairs that may have structural components, involve more complex work and the total rehabilitation costs must be greater than $5,000. The Limited 203(k) mortgage may only be used for minor remodeling and non-structural repairs. The total rehabilitation cost may not exceed $35,000 and there is no minimum cost. As part of the Section 203(k) program requirements, the Federal Housing Administration (FHA) maintains a list of approved 203(k) Consultants on the FHA 203(k) Consultant Roster in FHA Connection. An FHA-approved 203(k) Consultant is required for all Standard 203(k) mortgages. A 203(k) Consultant is not required under the Limited 203(k) program, but may be used. FHA-approved 203(k) Consultants are required to perform responsibilities during the processing and rehabilitation phase of the 203(k) program. FHA-approved 203(k) Consultants who are placed on FHA's 203(k) Consultant Roster are deemed qualified to complete these duties and therefore permitted to collect a fee for this service. In 1995, HUD issued its current Section 203(k) Consultant Fee Schedule and now seeks to update the Section 203(k) Fee Schedule to align with similarly performed services and the corresponding fees collected for such services. As a result, this notice seeks public comment on revising the current structure of the fee and the maximum amount of fees a 203(k) Consultant would be permitted to charge on a Section 203(k) mortgage.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016)
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Notices]
[Pages 61709-61712]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21226]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5875-N-01]


Single Family Mortgage Insurance: Revision of Section 203(k) 
Consultant Fee Schedule--Solicitation of Comment

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

ACTION: Notice; solicitation of comment.

-----------------------------------------------------------------------

SUMMARY: The Section 203(k) Program is HUD's primary program for the 
rehabilitation and repair of single family properties. The Section 
203(k) mortgage program enables homebuyers and homeowners to finance 
the purchase, or refinance of a home and include the rehabilitation 
costs through a single mortgage. There are two types of 203(k) 
rehabilitation mortgages: Standard 203(k) and Limited 203(k).
    The Standard 203(k) mortgage may be used for remodeling, 
rehabilitation and repairs that may have structural components, involve 
more complex work and the total rehabilitation costs must be greater 
than $5,000. The Limited 203(k) mortgage may only be used for minor 
remodeling and non-structural repairs. The total rehabilitation cost 
may not exceed $35,000 and there is no minimum cost.
    As part of the Section 203(k) program requirements, the Federal 
Housing Administration (FHA) maintains a list of approved 203(k) 
Consultants on the FHA 203(k) Consultant Roster in FHA Connection. An 
FHA-approved 203(k) Consultant is required for all Standard 203(k) 
mortgages. A 203(k) Consultant is not required under the Limited 203(k) 
program, but may be used. FHA-approved 203(k) Consultants are required 
to perform responsibilities during the processing and rehabilitation 
phase of the 203(k) program. FHA-approved 203(k) Consultants who are 
placed on FHA's 203(k) Consultant Roster are deemed qualified to 
complete these duties and therefore permitted to collect a fee for this 
service. In 1995, HUD issued its current Section 203(k) Consultant Fee 
Schedule and now seeks to update the Section 203(k) Fee Schedule to 
align with similarly performed services and the corresponding fees 
collected for such services. As a result, this notice seeks public 
comment on revising the current structure of the fee and the maximum 
amount of fees a 203(k) Consultant would be permitted to charge on a 
Section 203(k) mortgage.

DATES: Comment Due Date: November 7, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
10276, Washington, DC 20410-0500.
    Communications must refer to the above docket number and title. 
There are two methods for submitting public comments. All submissions 
must refer to the above docket number and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly encourages commenters to submit 
comments electronically. Electronic submission of comments allows the 
commenter maximum time to prepare and submit a comment, ensures timely 
receipt by HUD, and enables HUD to make them immediately available to 
the public. Comments submitted electronically through the 
www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
notice.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above

[[Page 61710]]

address. Due to security measures at the HUD Headquarters building, an 
appointment to review the public comments must be scheduled in advance 
by calling the Regulations Division at 202-708-3055 (this is not a 
toll-free number). Individuals with speech or hearing impairments may 
access this number via TTY by calling the Federal Relay Service at 1-
800-877-8339 (this is a toll-free number). Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kevin L. Stevens, Director, Home 
Mortgage Insurance Division, Office of Single Family Program 
Development, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 9266, Washington, DC 20410-9000, 
telephone number 202-402-4137 (this is not a toll-free number). Persons 
with hearing or speech impairments may access this number by calling 
the Federal Relay Service at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 203(k) of the National Housing Act (12 U.S.C. 1709(k)) 
authorizes HUD to insure a purchase or a refinance mortgage on an 
existing 1-4 unit single family structure and include the 
rehabilitation costs through a single mortgage. The Section 203(k) 
Program is HUD's primary program for the rehabilitation and repair of 
single family properties. The Section 203(k) program is important for 
neighborhood revitalization and homeownership opportunities. The 
regulations implementing the Section 203(k) Program are codified at 24 
CFR 203.50.
    The Section 203(k) Program fills a unique and important role for 
homebuyers. In the conventional loan market, a homebuyer who purchases 
a home that is in need of repair or modernization usually has to follow 
a complicated and costly process. The homebuyer must obtain financing 
to purchase the dwelling, additional financing for the rehabilitation 
work, and a permanent mortgage after rehabilitation is completed to pay 
off the interim loans. The interim acquisition and improvement loans 
often have relatively high interest rates and short repayment terms. 
The Section 203(k) Program addresses this by permitting a homebuyer to 
obtain a single loan, at a long-term fixed or variable rate, to finance 
both the acquisition and rehabilitation of the property.
    There are two types of 203(k) rehabilitation mortgages: Standard 
203(k) and Limited 203(k). The Standard 203(k) mortgage may be used for 
remodeling, rehabilitation and repairs that may have structural 
components involve complex work and must have a total rehabilitation 
costs greater than $5,000. The Limited 203(k) mortgage may only be used 
for minor remodeling and non-structural repairs, the total 
rehabilitation cost may not exceed $35,000 and there is no minimum 
rehabilitation cost.
    The extent of the rehabilitation covered by the Section 203(k) 
mortgage may range from relatively minor to virtual reconstruction. For 
example, a home that will be demolished as part of rehabilitation is 
eligible, provided that the existing foundation remains in place. In 
addition to typical home rehabilitation projects, the Section 203(k) 
Program can be used to convert a property of any size to a one- to 
four-unit dwelling. Section 203(k) mortgage insurance can also be used 
to augment Energy Efficient Mortgages, Section 203(h) Mortgage 
Insurance for Victims of a Presidentially-Declared Major Disaster Area, 
and Mortgage Insurance for Solar and Wind Technologies. All 
improvements, renovations, or repairs undertaken with Section 203(k) 
mortgage insurance must comply with the HUD Minimum Property 
Requirements, HUD Minimum Property Standards and all local codes and 
ordinances.

II. Section 203(k) Consultants

    An FHA-approved 203(k) Consultant is required for all Standard 
203(k) mortgages and may be used for Limited 203(k) mortgages. As part 
of the Section 203(k) program requirements, the Federal Housing 
Administration (FHA) maintains a list of approved 203(k) Consultants on 
the FHA 203(k) Consultant Roster from which the Mortgagee must select a 
203(k) Consultant and assign the 203(k) Consultant to the transaction, 
if required.
    When a Section 203(k) Consultant is required, the Consultant will 
enter into a written agreement with the Borrower that outlines the 
services that the Consultant will perform. In some cases, the Mortgagee 
or Borrower may require the Consultant to conduct a Feasibility Study 
to determine if the 203(k) mortgage is achievable, based on the costs 
of the rehabilitation project. The 203(k) Consultant conducts a 
Feasibility Study by completing a preliminary inspection of the 
property, and estimates the material and labor costs for the project.
    The 203(k) Consultant must inspect the property to ensure:

     There are no rodents, dry rot, termites and other 
infestation the property;
     there are no defects that will affect the health and 
safety of the occupants;
     there exists adequate structural, heating, plumbing, 
electrical and roofing systems; and
     there are upgrades to the structure's thermal proportion 
(when necessary).

    The Consultant must prepare a report on the current condition of 
the property that categorically examines the structure utilizing a 35 
point checklist. The Consultant must determine the repairs/improvements 
that are required to meet the U.S. Department of Housing and Urban 
Development (HUD's) Minimum Property Requirements, Minimum Property 
Standards and local requirements. The report must address any 
deficiencies that exist. The Consultant is responsible for identifying 
all required architectural exhibits. The Consultant must prepare the 
exhibits, or, if not qualified to prepare all of the necessary 
exhibits, must obtain the exhibits from a qualified subcontractor.
    The Consultant must prepare an unbiased Work Write-up and Cost 
Estimate without using a contractor's estimate. The Work Write-Up and 
Cost Estimate must be detailed as to the work being performed based on 
the project proposal, including all required reports.
    The Consultant must physically inspect the work for completion, 
quality of workmanship, conformity to local codes and ordinances, and 
ensure that all building permits are onsite for the work that was 
performed at each draw request.
    At the Borrower's or Mortgagee's request, the Consultant must 
review proposed changes to the Work Write-Up and prepare a Change Order 
Form HUD-95277. The Consultant must inform the Mortgagee of the 
progress of the rehabilitation and of any problems that arise, 
including:
     Work stoppages for more than 30 consecutive days or work 
not progressing;
     significant deviations from the Work Write-Up without the 
Consultant's approval;
     any issues that could affect adherence to the program 
requirements or property eligibility; or
     any issues that could affect the health and safety of the 
occupants or the security of the structure.
    The Borrower is responsible for the fee charged by the Section 
203(k) Consultant. Under the Standard 203(k) program, the Consultant 
fee charged for

[[Page 61711]]

the Feasibility Study, Work Write-Up, Mileage (not associated with a 
Draw inspection) and Architectural Exhibit preparation, may be included 
in the mortgage as a part of the cost of rehabilitation.

III. Section 203(k) Consultants Fee Schedule

    Under the existing structure, the fee is based on a range of repair 
costs, recognizing that more extensive repairs would require more time 
and are costlier for the Consultant to complete. It also allows for 
some level of change over time as repair costs increase. HUD 
establishes and monitors the maximum fees that a Section 203(k) 
Consultant may charge a Borrower to prepare the Work Write-Up for 
repairs associated with the Section 203(k) mortgage. The Work Write-Up 
includes the initial inspection, Architectural Exhibit Review and Cost 
Estimate. The current fee schedule, which HUD issued in 1995, is as 
follows:

------------------------------------------------------------------------
                                                          Maximum amount
     Maximum consultant fee          Cost of repairs        that can be
                                                             financed
------------------------------------------------------------------------
     203(k) Consultant Fee Schedule for preparing the Work Write-up
------------------------------------------------------------------------
$400...........................  Less than $7,500.......            $400
$500...........................  Between $7,501 and                  500
                                  $15,000.
$600...........................  Between $15,001 and                 600
                                  $30,000.
$700...........................  Between $30,001 and                 700
                                  $50,000.
$800...........................  Between $50,001 and                 800
                                  $75,000.
$900...........................  Between $75,001 and                 900
                                  $100,000.
$1,000.........................  Above $100,000.........           1,000
------------------------------------------------------------------------
Plus an additional $25 for each additional Dwelling Unit, not to exceed
 $75
------------------------------------------------------------------------
  The 203(k) Roster Consultant may charge a fee for additional services
                              listed below
------------------------------------------------------------------------
$100...........................  Feasibility Study (if               100
                                  one is performed).
$100...........................  For Preparing a Change              100
                                  Order Request.
$50............................  For each Re-Inspection               50
                                  requested.
------------------------------------------------------------------------

    The 203(k) Roster Consultant may also charge a reasonable and 
customary fee, not to exceed $350 for each draw inspection request plus 
mileage at the current Internal Revenue Service mileage rate when the 
place of business is more than 15 miles from the property.
    HUD has determined that the existing fee structure may discourage 
Consultant participation in the Section 203(k) Program and has the 
potential to limit access to credit. Between 2012 and 2015, the volume 
of loans requiring the use of a Consultant fell from 6,753 to 5,359. 
Based on the first two quarters of 2016, the projected volume of loans 
requiring the use of a Consultant is 5,132, while the projected volume 
of loans not requiring the use of a Consultant is 14,224. This data 
suggests that Borrowers are choosing the less complicated repair work, 
not requiring a Consultant. HUD believes that establishing a fee 
structure that is more in alignment with market rates would increase 
Consultants' participation in the Section 203(k) program and expand 
access to credit by encouraging and enabling more Borrowers to purchase 
properties that require substantial rehabilitation. The willingness and 
ability of Borrowers to purchase properties involving substantial 
rehabilitation would contribute to the reduction in build-up of HUD's 
Real Estate Owned inventories, result in an increase in energy 
efficient homes and assist in the stabilization of the housing market.
    As part of its policy consolidation effort, HUD posted on the 
Single Family Housing Policy Drafting Table \1\ its draft 203(k) 
Consultant Product Sheet section of the Single Family Policy Handbook 
4000.1 and requested comments.\2\ The feedback that HUD received was 
that the fee schedule is not in alignment with current market rates and 
needs to be revised. Most commenters stated that the fee schedule was 
out-of-date and did not reflect the current cost of business. For 
example, some commenters stated that Consultants are dealing with 
issues like mold, radon, and other environmental hazards that were not 
widely recognized as issues in 1995 when HUD issued the current fee 
schedule. In addition, the feedback questioned the structure of the 
current fee schedule. For example, one commenter stated that the 
Consultant is limited to charging the same fee whether the home is 
4,100 square feet with a crawlspace or 1,200 square feet on a slab.
---------------------------------------------------------------------------

    \1\ See, http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/SFH_policy_drafts.
    \2\ See, http://portal.hud.gov/hudportal/documents/huddoc?id=SFH_POLI_203K_CSL.PDF.
---------------------------------------------------------------------------

IV. Request for Public Comments on Updating the Section 203(k) 
Consultant Fee Schedule

    In order to better inform HUD, this notice seeks public comment on 
ways to revise the fee schedule for 203(k) Consultants. HUD is 
specifically seeking information to determine whether Consultant fees 
should continue to be based on the total cost of repairs or on some 
other metric. While all comments on updating the Consultant fee 
schedule are welcome, HUD is soliciting specific comments on the 
following options:
    1. Retain the current fee structure but update maximum fees. Under 
this option, HUD would continue to base Consultant fees on the total 
cost of repairs and continue to allow Borrowers the ability to finance 
all fees into the 203(k) mortgage. If HUD uses this option, should it 
continue to use the current ranges for cost of repair, and if not, how 
should HUD set these thresholds and why? What should be the maximum 
Consultant fee at each threshold and why? Should the fees be tied to 
Consumer Price Index to account for regional differences in the cost of 
services?
    2. Allow Consultants to charge fees that are reasonable and 
customary. Under this option, Consultants would be allowed to charge 
fees that are reasonable and customary in the market

[[Page 61712]]

for similar work performed by professionals with similar 
qualifications. If HUD uses this option, how can it manage risk 
associated with this concept? Should HUD continue to permit all fees to 
be financed or should it establish a maximum amount that can be 
financed in the 203(k) loan? If HUD uses this option what should be 
used to establish the financeable portion of the fee? Would requiring 
the Borrower to pay the excess fees adversely limit the number of 
Section 203(k) loan origination? Would this method of setting fees lead 
to an increase in the number of loans with negative equity? Would this 
method of setting fees lead to an increase in the number of loans with 
negative equity and how could HUD protect against this?
    3. Develop a different metric on which to base Consultant fees. 
Under this option, Consultants' fees would be based on a metric other 
than cost of repairs. For example, HUD could set fees based on a 
straight percentage of the repair amount or a fixed fee plus a 
percentage of the repair amount. If HUD uses this option, at what level 
should HUD set the amount? Would this option allow for regional 
differences in the cost of services or in the variation and complexity 
of services provided in a specific loan transaction? Are there other 
metrics upon which HUD could base Consultant fees? If so, what are the 
pros and cons of each metric?
    4. Index Section 203(k) Consultant fees to another measure. Under 
this option, Consultant fees could be tied to Consumer Price Index or 
the Annual Rate of Inflation. HUD could then revise the fees under such 
measure and alert the public by Mortgagee Letter or Handbook 
publication. What are the pros and cons of tying the 203(k) Consultant 
fee schedule to either of these two measures? Are there other measures 
that would more accurately establish maximum fees? Would there be any 
reason for HUD to establish a maximum amount of the fee that can be 
financed into the 203(k) mortgage using either of these measures?

    Dated: August 26, 2016.
Edward L. Golding,
Principal Deputy Assistant Secretary for Housing.
[FR Doc. 2016-21226 Filed 9-6-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                                           Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices                                              61709

                                                  A. Overview of Information Collection                   submit comment in response to these                   these duties and therefore permitted to
                                                     Title of Information Collection:                     questions.                                            collect a fee for this service. In 1995,
                                                  Application and Recertification                                                                               HUD issued its current Section 203(k)
                                                                                                          C. Authority
                                                  Packages for Approval of Nonprofit                                                                            Consultant Fee Schedule and now seeks
                                                                                                            Section 3507 of the Paperwork                       to update the Section 203(k) Fee
                                                  Organizations in FHA Activities.
                                                                                                          Reduction Act of 1995, 44 U.S.C.                      Schedule to align with similarly
                                                     OMB Approval Number: 2502–0540.
                                                                                                          Chapter 35.                                           performed services and the
                                                     Type of Request: Extension without
                                                  change of a currently approved                            Dated: September 1, 2016.                           corresponding fees collected for such
                                                  collection.                                             Colette Pollard,                                      services. As a result, this notice seeks
                                                     Form Number: None.                                   Department Reports Management Officer,
                                                                                                                                                                public comment on revising the current
                                                     Description of the need for the                      Office of the Chief Information Officer.              structure of the fee and the maximum
                                                  information and proposed use: In order                  [FR Doc. 2016–21482 Filed 9–6–16; 8:45 am]
                                                                                                                                                                amount of fees a 203(k) Consultant
                                                  for nonprofit organizations to                                                                                would be permitted to charge on a
                                                                                                          BILLING CODE 4210–67–P
                                                  participate in FHA Nonprofit and                                                                              Section 203(k) mortgage.
                                                  Government Entity Programs they must                                                                          DATES: Comment Due Date: November 7,
                                                  submit an application and be approved                   DEPARTMENT OF HOUSING AND                             2016.
                                                  by FHA. The FHA Nonprofit programs                      URBAN DEVELOPMENT                                     ADDRESSES: Interested persons are
                                                  include: HUD Homes where a nonprofit                                                                          invited to submit comments regarding
                                                                                                          [Docket No. FR–5875–N–01]                             this notice to the Regulations Division,
                                                  may be able to buy a FHA REO property
                                                  at the discount; FHA Mortgagor where                    Single Family Mortgage Insurance:                     Office of General Counsel, Department
                                                  a nonprofit can qualify for an FHA                      Revision of Section 203(k) Consultant                 of Housing and Urban Development,
                                                  insured loan; and Secondary Financing                   Fee Schedule—Solicitation of                          451 7th Street SW., Room 10276,
                                                  where a nonprofit can provide financial                 Comment                                               Washington, DC 20410–0500.
                                                  assistance to low to-moderate- income                                                                            Communications must refer to the
                                                  family in the purchase of a home. Once                  AGENCY:  Office of the Assistant                      above docket number and title. There
                                                  a Nonprofit submits and application                     Secretary for Housing—Federal Housing                 are two methods for submitting public
                                                  that is approved, the Nonprofit is placed               Commissioner, HUD.                                    comments. All submissions must refer
                                                  on the FHA Nonprofit Organization                       ACTION: Notice; solicitation of comment.              to the above docket number and title.
                                                  Roster. The Nonprofit must recertify                                                                             1. Submission of Comments by Mail.
                                                  every two years and maintain                            SUMMARY:   The Section 203(k) Program is              Comments may be submitted by mail to
                                                  documentation for reporting purposes                    HUD’s primary program for the                         the Regulations Division, Office of
                                                  and to permit FHA to monitor their                      rehabilitation and repair of single family            General Counsel, Department of
                                                  activities to ensure compliance with                    properties. The Section 203(k) mortgage               Housing and Urban Development, 451
                                                  program requirements.                                   program enables homebuyers and                        7th Street SW., Room 10276,
                                                     Respondents: Nonprofit                               homeowners to finance the purchase, or                Washington, DC 20410–0500.
                                                  Organizations.                                          refinance of a home and include the                      2. Electronic Submission of
                                                     Estimated Number of Respondents:                     rehabilitation costs through a single                 Comments. Interested persons may
                                                  395.                                                    mortgage. There are two types of 203(k)               submit comments electronically through
                                                     Estimated Number of Responses: 731.                  rehabilitation mortgages: Standard                    the Federal eRulemaking Portal at
                                                     Frequency of Response: 1 to 4.                       203(k) and Limited 203(k).                            www.regulations.gov. HUD strongly
                                                     Average Hours per Response: 24.25.                      The Standard 203(k) mortgage may be                encourages commenters to submit
                                                     Total Estimated Burdens: 8692.                       used for remodeling, rehabilitation and               comments electronically. Electronic
                                                                                                          repairs that may have structural                      submission of comments allows the
                                                  B. Solicitation of Public Comment                       components, involve more complex                      commenter maximum time to prepare
                                                     This notice is soliciting comments                   work and the total rehabilitation costs               and submit a comment, ensures timely
                                                  from members of the public and affected                 must be greater than $5,000. The                      receipt by HUD, and enables HUD to
                                                  parties concerning the collection of                    Limited 203(k) mortgage may only be                   make them immediately available to the
                                                  information described in Section A on                   used for minor remodeling and non-                    public. Comments submitted
                                                  the following:                                          structural repairs. The total                         electronically through the
                                                     (1) Whether the proposed collection                  rehabilitation cost may not exceed                    www.regulations.gov Web site can be
                                                  of information is necessary for the                     $35,000 and there is no minimum cost.                 viewed by other commenters and
                                                  proper performance of the functions of                     As part of the Section 203(k) program              interested members of the public.
                                                  the agency, including whether the                       requirements, the Federal Housing                     Commenters should follow the
                                                  information will have practical utility;                Administration (FHA) maintains a list of              instructions provided on that site to
                                                     (2) The accuracy of the agency’s                     approved 203(k) Consultants on the                    submit comments electronically.
                                                  estimate of the burden of the proposed                  FHA 203(k) Consultant Roster in FHA                     Note: To receive consideration as public
                                                  collection of information;                              Connection. An FHA-approved 203(k)                    comments, comments must be submitted
                                                     (3) Ways to enhance the quality,                     Consultant is required for all Standard               through one of the two methods specified
                                                  utility, and clarity of the information to              203(k) mortgages. A 203(k) Consultant is              above. Again, all submissions must refer to
                                                  be collected; and                                       not required under the Limited 203(k)                 the docket number and title of the notice.
                                                     (4) Ways to minimize the burden of                   program, but may be used. FHA-                           No Facsimile Comments. Facsimile
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the collection of information on those                  approved 203(k) Consultants are                       (fax) comments are not acceptable.
                                                  who are to respond; including through                   required to perform responsibilities                     Public Inspection of Public
                                                  the use of appropriate automated                        during the processing and rehabilitation              Comments. All properly submitted
                                                  collection techniques or other forms of                 phase of the 203(k) program. FHA-                     comments and communications
                                                  information technology, e.g., permitting                approved 203(k) Consultants who are                   submitted to HUD will be available for
                                                  electronic submission of responses.                     placed on FHA’s 203(k) Consultant                     public inspection and copying between
                                                  HUD encourages interested parties to                    Roster are deemed qualified to complete               8 a.m. and 5 p.m. weekdays at the above


                                             VerDate Sep<11>2014   17:30 Sep 06, 2016   Jkt 238001   PO 00000   Frm 00048   Fmt 4703   Sfmt 4703   E:\FR\FM\07SEN1.SGM   07SEN1


                                                  61710                    Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices

                                                  address. Due to security measures at the                  There are two types of 203(k)                          The 203(k) Consultant must inspect
                                                  HUD Headquarters building, an                           rehabilitation mortgages: Standard                    the property to ensure:
                                                  appointment to review the public                        203(k) and Limited 203(k). The                           • There are no rodents, dry rot,
                                                  comments must be scheduled in                           Standard 203(k) mortgage may be used                  termites and other infestation the
                                                  advance by calling the Regulations                      for remodeling, rehabilitation and                    property;
                                                  Division at 202–708–3055 (this is not a                 repairs that may have structural                         • there are no defects that will affect
                                                  toll-free number). Individuals with                     components involve complex work and                   the health and safety of the occupants;
                                                  speech or hearing impairments may                       must have a total rehabilitation costs                   • there exists adequate structural,
                                                  access this number via TTY by calling                   greater than $5,000. The Limited 203(k)               heating, plumbing, electrical and
                                                  the Federal Relay Service at 1–800–877–                 mortgage may only be used for minor                   roofing systems; and
                                                  8339 (this is a toll-free number). Copies               remodeling and non-structural repairs,                   • there are upgrades to the structure’s
                                                  of all comments submitted are available                 the total rehabilitation cost may not                 thermal proportion (when necessary).
                                                  for inspection and downloading at                       exceed $35,000 and there is no                           The Consultant must prepare a report
                                                  www.regulations.gov.                                    minimum rehabilitation cost.                          on the current condition of the property
                                                                                                            The extent of the rehabilitation
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              that categorically examines the structure
                                                                                                          covered by the Section 203(k) mortgage
                                                  Kevin L. Stevens, Director, Home                                                                              utilizing a 35 point checklist. The
                                                                                                          may range from relatively minor to
                                                  Mortgage Insurance Division, Office of                                                                        Consultant must determine the repairs/
                                                                                                          virtual reconstruction. For example, a
                                                  Single Family Program Development,                                                                            improvements that are required to meet
                                                                                                          home that will be demolished as part of
                                                  Office of Housing, Department of                        rehabilitation is eligible, provided that             the U.S. Department of Housing and
                                                  Housing and Urban Development, 451                      the existing foundation remains in                    Urban Development (HUD’s) Minimum
                                                  7th Street SW., Room 9266, Washington,                  place. In addition to typical home                    Property Requirements, Minimum
                                                  DC 20410–9000, telephone number 202–                    rehabilitation projects, the Section                  Property Standards and local
                                                  402–4137 (this is not a toll-free                       203(k) Program can be used to convert                 requirements. The report must address
                                                  number). Persons with hearing or                        a property of any size to a one- to four-             any deficiencies that exist. The
                                                  speech impairments may access this                      unit dwelling. Section 203(k) mortgage                Consultant is responsible for identifying
                                                  number by calling the Federal Relay                     insurance can also be used to augment                 all required architectural exhibits. The
                                                  Service at 800–877–8339 (this is a toll-                Energy Efficient Mortgages, Section                   Consultant must prepare the exhibits,
                                                  free number).                                           203(h) Mortgage Insurance for Victims                 or, if not qualified to prepare all of the
                                                  SUPPLEMENTARY INFORMATION:                              of a Presidentially-Declared Major                    necessary exhibits, must obtain the
                                                                                                          Disaster Area, and Mortgage Insurance                 exhibits from a qualified subcontractor.
                                                  I. Background                                                                                                    The Consultant must prepare an
                                                                                                          for Solar and Wind Technologies. All
                                                     Section 203(k) of the National                       improvements, renovations, or repairs                 unbiased Work Write-up and Cost
                                                  Housing Act (12 U.S.C. 1709(k))                         undertaken with Section 203(k)                        Estimate without using a contractor’s
                                                  authorizes HUD to insure a purchase or                  mortgage insurance must comply with                   estimate. The Work Write-Up and Cost
                                                  a refinance mortgage on an existing                     the HUD Minimum Property                              Estimate must be detailed as to the work
                                                  1–4 unit single family structure and                    Requirements, HUD Minimum Property                    being performed based on the project
                                                  include the rehabilitation costs through                Standards and all local codes and                     proposal, including all required reports.
                                                  a single mortgage. The Section 203(k)                   ordinances.                                              The Consultant must physically
                                                  Program is HUD’s primary program for                                                                          inspect the work for completion, quality
                                                  the rehabilitation and repair of single                 II. Section 203(k) Consultants                        of workmanship, conformity to local
                                                  family properties. The Section 203(k)                      An FHA-approved 203(k) Consultant                  codes and ordinances, and ensure that
                                                  program is important for neighborhood                   is required for all Standard 203(k)                   all building permits are onsite for the
                                                  revitalization and homeownership                        mortgages and may be used for Limited                 work that was performed at each draw
                                                  opportunities. The regulations                          203(k) mortgages. As part of the Section              request.
                                                  implementing the Section 203(k)                         203(k) program requirements, the                         At the Borrower’s or Mortgagee’s
                                                  Program are codified at 24 CFR 203.50.                  Federal Housing Administration (FHA)                  request, the Consultant must review
                                                     The Section 203(k) Program fills a                   maintains a list of approved 203(k)                   proposed changes to the Work Write-Up
                                                  unique and important role for                           Consultants on the FHA 203(k)                         and prepare a Change Order Form
                                                  homebuyers. In the conventional loan                    Consultant Roster from which the                      HUD–95277. The Consultant must
                                                  market, a homebuyer who purchases a                     Mortgagee must select a 203(k)                        inform the Mortgagee of the progress of
                                                  home that is in need of repair or                       Consultant and assign the 203(k)                      the rehabilitation and of any problems
                                                  modernization usually has to follow a                   Consultant to the transaction, if                     that arise, including:
                                                  complicated and costly process. The                     required.                                                • Work stoppages for more than 30
                                                  homebuyer must obtain financing to                         When a Section 203(k) Consultant is                consecutive days or work not
                                                  purchase the dwelling, additional                       required, the Consultant will enter into              progressing;
                                                  financing for the rehabilitation work,                  a written agreement with the Borrower                    • significant deviations from the
                                                  and a permanent mortgage after                          that outlines the services that the                   Work Write-Up without the Consultant’s
                                                  rehabilitation is completed to pay off                  Consultant will perform. In some cases,               approval;
                                                  the interim loans. The interim                          the Mortgagee or Borrower may require                    • any issues that could affect
                                                  acquisition and improvement loans                       the Consultant to conduct a Feasibility               adherence to the program requirements
                                                  often have relatively high interest rates               Study to determine if the 203(k)                      or property eligibility; or
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                                                  and short repayment terms. The Section                  mortgage is achievable, based on the                     • any issues that could affect the
                                                  203(k) Program addresses this by                        costs of the rehabilitation project. The              health and safety of the occupants or the
                                                  permitting a homebuyer to obtain a                      203(k) Consultant conducts a Feasibility              security of the structure.
                                                  single loan, at a long-term fixed or                    Study by completing a preliminary                        The Borrower is responsible for the
                                                  variable rate, to finance both the                      inspection of the property, and                       fee charged by the Section 203(k)
                                                  acquisition and rehabilitation of the                   estimates the material and labor costs                Consultant. Under the Standard 203(k)
                                                  property.                                               for the project.                                      program, the Consultant fee charged for


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                                                                                   Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices                                                                                       61711

                                                  the Feasibility Study, Work Write-Up,                                   III. Section 203(k) Consultants Fee                                      establishes and monitors the maximum
                                                  Mileage (not associated with a Draw                                     Schedule                                                                 fees that a Section 203(k) Consultant
                                                  inspection) and Architectural Exhibit                                                                                                            may charge a Borrower to prepare the
                                                  preparation, may be included in the                                        Under the existing structure, the fee is                              Work Write-Up for repairs associated
                                                  mortgage as a part of the cost of                                       based on a range of repair costs,                                        with the Section 203(k) mortgage. The
                                                  rehabilitation.                                                         recognizing that more extensive repairs                                  Work Write-Up includes the initial
                                                                                                                          would require more time and are                                          inspection, Architectural Exhibit
                                                                                                                          costlier for the Consultant to complete.                                 Review and Cost Estimate. The current
                                                                                                                          It also allows for some level of change                                  fee schedule, which HUD issued in
                                                                                                                          over time as repair costs increase. HUD                                  1995, is as follows:

                                                                                                                                                                                                                                                   Maximum
                                                                                                                                                                                                                                                  amount that
                                                   Maximum consultant fee                                                                                Cost of repairs                                                                            can be
                                                                                                                                                                                                                                                   financed

                                                                                                         203(k) Consultant Fee Schedule for preparing the Work Write-up

                                                  $400 ...............................    Less than $7,500 ....................................................................................................................................          $400
                                                  $500 ...............................    Between $7,501 and $15,000 .................................................................................................................                     500
                                                  $600 ...............................    Between $15,001 and $30,000 ...............................................................................................................                      600
                                                  $700 ...............................    Between $30,001 and $50,000 ...............................................................................................................                      700
                                                  $800 ...............................    Between $50,001 and $75,000 ...............................................................................................................                      800
                                                  $900 ...............................    Between $75,001 and $100,000 .............................................................................................................                       900
                                                  $1,000 ............................     Above $100,000 ......................................................................................................................................          1,000

                                                  Plus an additional $25 for each additional Dwelling Unit, not to exceed $75

                                                                                           The 203(k) Roster Consultant may charge a fee for additional services listed below

                                                  $100 ...............................    Feasibility Study (if one is performed) ....................................................................................................                    100
                                                  $100 ...............................    For Preparing a Change Order Request ................................................................................................                           100
                                                  $50 .................................   For each Re-Inspection requested .........................................................................................................                       50



                                                     The 203(k) Roster Consultant may                                     increase in energy efficient homes and                                   IV. Request for Public Comments on
                                                  also charge a reasonable and customary                                  assist in the stabilization of the housing                               Updating the Section 203(k) Consultant
                                                  fee, not to exceed $350 for each draw                                   market.                                                                  Fee Schedule
                                                  inspection request plus mileage at the                                     As part of its policy consolidation                                      In order to better inform HUD, this
                                                  current Internal Revenue Service
                                                                                                                          effort, HUD posted on the Single Family                                  notice seeks public comment on ways to
                                                  mileage rate when the place of business
                                                                                                                          Housing Policy Drafting Table 1 its draft                                revise the fee schedule for 203(k)
                                                  is more than 15 miles from the property.
                                                     HUD has determined that the existing                                 203(k) Consultant Product Sheet section                                  Consultants. HUD is specifically seeking
                                                  fee structure may discourage Consultant                                 of the Single Family Policy Handbook                                     information to determine whether
                                                  participation in the Section 203(k)                                     4000.1 and requested comments.2 The                                      Consultant fees should continue to be
                                                  Program and has the potential to limit                                  feedback that HUD received was that the                                  based on the total cost of repairs or on
                                                  access to credit. Between 2012 and                                      fee schedule is not in alignment with                                    some other metric. While all comments
                                                  2015, the volume of loans requiring the                                 current market rates and needs to be                                     on updating the Consultant fee schedule
                                                  use of a Consultant fell from 6,753 to                                  revised. Most commenters stated that                                     are welcome, HUD is soliciting specific
                                                  5,359. Based on the first two quarters of                               the fee schedule was out-of-date and did                                 comments on the following options:
                                                  2016, the projected volume of loans                                     not reflect the current cost of business.                                   1. Retain the current fee structure but
                                                  requiring the use of a Consultant is                                    For example, some commenters stated                                      update maximum fees. Under this
                                                  5,132, while the projected volume of                                    that Consultants are dealing with issues                                 option, HUD would continue to base
                                                  loans not requiring the use of a                                        like mold, radon, and other                                              Consultant fees on the total cost of
                                                  Consultant is 14,224. This data suggests                                environmental hazards that were not                                      repairs and continue to allow Borrowers
                                                  that Borrowers are choosing the less                                    widely recognized as issues in 1995                                      the ability to finance all fees into the
                                                  complicated repair work, not requiring                                                                                                           203(k) mortgage. If HUD uses this
                                                                                                                          when HUD issued the current fee
                                                  a Consultant. HUD believes that                                                                                                                  option, should it continue to use the
                                                                                                                          schedule. In addition, the feedback
                                                  establishing a fee structure that is more                                                                                                        current ranges for cost of repair, and if
                                                                                                                          questioned the structure of the current                                  not, how should HUD set these
                                                  in alignment with market rates would
                                                                                                                          fee schedule. For example, one                                           thresholds and why? What should be
                                                  increase Consultants’ participation in
                                                  the Section 203(k) program and expand                                   commenter stated that the Consultant is                                  the maximum Consultant fee at each
                                                  access to credit by encouraging and                                     limited to charging the same fee                                         threshold and why? Should the fees be
                                                  enabling more Borrowers to purchase                                     whether the home is 4,100 square feet                                    tied to Consumer Price Index to account
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                                                  properties that require substantial                                     with a crawlspace or 1,200 square feet                                   for regional differences in the cost of
                                                  rehabilitation. The willingness and                                     on a slab.                                                               services?
                                                  ability of Borrowers to purchase                                                                                                                    2. Allow Consultants to charge fees
                                                  properties involving substantial                                          1 See, http://portal.hud.gov/hudportal/HUD?src=/                       that are reasonable and customary.
                                                  rehabilitation would contribute to the                                  program_offices/housing/sfh/SFH_policy_drafts.                           Under this option, Consultants would
                                                  reduction in build-up of HUD’s Real                                       2 See, http://portal.hud.gov/hudportal/                                be allowed to charge fees that are
                                                  Estate Owned inventories, result in an                                  documents/huddoc?id=SFH_POLI_203K_CSL.PDF.                               reasonable and customary in the market


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                                                  61712                    Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Notices

                                                  for similar work performed by                            financed into the 203(k) mortgage using                                    Service at (800) 877–8339. Copies of
                                                  professionals with similar                               either of these measures?                                                  available documents submitted to OMB
                                                  qualifications. If HUD uses this option,                   Dated: August 26, 2016.                                                  may be obtained from Ms. Guido.
                                                  how can it manage risk associated with                   Edward L. Golding,                                                         SUPPLEMENTARY INFORMATION: This
                                                  this concept? Should HUD continue to                     Principal Deputy Assistant Secretary for                                   notice informs the public that HUD is
                                                  permit all fees to be financed or should                 Housing.                                                                   seeking approval from OMB for the
                                                  it establish a maximum amount that can                   [FR Doc. 2016–21226 Filed 9–6–16; 8:45 am]                                 information collection described in
                                                  be financed in the 203(k) loan? If HUD                   BILLING CODE 4210–67–P                                                     Section A.
                                                  uses this option what should be used to                                                                                                The Federal Register notice that
                                                  establish the financeable portion of the                                                                                            solicited public comment on the
                                                  fee? Would requiring the Borrower to                     DEPARTMENT OF HOUSING AND                                                  information collection for a period of 60
                                                  pay the excess fees adversely limit the                  URBAN DEVELOPMENT                                                          days was published on February 4, 2016
                                                  number of Section 203(k) loan                                                                                                       at 81 FR 6036.
                                                  origination? Would this method of                        [Docket No. FR–5909–N–67]
                                                  setting fees lead to an increase in the                                                                                             A. Overview of Information Collection
                                                                                                           30-Day Notice of Proposed Information
                                                  number of loans with negative equity?                    Collection: ConnectHome Use and                                              Title of Information Collection:
                                                  Would this method of setting fees lead                   Benefits Telephone Survey                                                  ConnectHome Use and Benefits
                                                  to an increase in the number of loans                                                                                               Telephone Survey.
                                                  with negative equity and how could                       AGENCY:  Office of the Chief Information                                     OMB Approval Number: 2528–New.
                                                  HUD protect against this?                                Officer, HUD.                                                                Type of Request: New collection.
                                                     3. Develop a different metric on which                ACTION: Notice.                                                              Form Number: Survey.
                                                  to base Consultant fees. Under this                                                                                                   Description of the need for the
                                                                                                           SUMMARY:   HUD has submitted the                                           information and proposed use:
                                                  option, Consultants’ fees would be                       proposed information collection
                                                  based on a metric other than cost of                                                                                                President Barack Obama and Secretary
                                                                                                           requirement described below to the                                         Julián Castro announced ConnectHome
                                                  repairs. For example, HUD could set                      Office of Management and Budget
                                                  fees based on a straight percentage of                                                                                              on July 15, 2015, as the next step in the
                                                                                                           (OMB) for review, in accordance with                                       Obama Administration’s efforts to
                                                  the repair amount or a fixed fee plus a                  the Paperwork Reduction Act. The
                                                  percentage of the repair amount. If HUD                                                                                             increase access to high-speed Internet
                                                                                                           purpose of this notice is to allow for an                                  access for all Americans. Through
                                                  uses this option, at what level should                   additional 30 days of public comment.                                      public-private partnerships, nonprofits,
                                                  HUD set the amount? Would this option                    DATES: Comments Due Date: October 7,                                       businesses, and Internet service
                                                  allow for regional differences in the cost               2016.                                                                      providers (ISPs) ConnectHome will offer
                                                  of services or in the variation and                      ADDRESSES: Interested persons are                                          high-speed Internet service, devices,
                                                  complexity of services provided in a                     invited to submit comments regarding                                       technical training, and digital literacy
                                                  specific loan transaction? Are there                     this proposal. Comments should refer to                                    programs to residents of HUD assisted
                                                  other metrics upon which HUD could                       the proposal by name and/or OMB                                            housing in 28 pilot communities,
                                                  base Consultant fees? If so, what are the                Control Number and should be sent to:                                      including the Choctaw Nation of
                                                  pros and cons of each metric?                            HUD Desk Officer, Office of                                                Oklahoma.
                                                     4. Index Section 203(k) Consultant                    Management and Budget, New                                                   As communities begin to implement
                                                  fees to another measure. Under this                      Executive Office Building, Washington,                                     ConnectHome in 2016 and connect
                                                  option, Consultant fees could be tied to                 DC 20503; fax: 202–395–5806. Email:                                        residents to internet within their homes,
                                                  Consumer Price Index or the Annual                       OIRA_Submission@omb.eop.gov.                                               this telephone survey will illuminate
                                                  Rate of Inflation. HUD could then revise                 FOR FURTHER INFORMATION CONTACT:                                           how families are taking advantage of
                                                  the fees under such measure and alert                    Anna P. Guido, Reports Management                                          ConnectHome. The telephone survey
                                                  the public by Mortgagee Letter or                        Officer, QDAM, Department of Housing                                       will explore ConnectHome subscribers’
                                                  Handbook publication. What are the                       and Urban Development, 451 7th Street                                      previous broadband access, current and
                                                  pros and cons of tying the 203(k)                        SW., Washington, DC 20410; email                                           planned use patterns, and current and
                                                  Consultant fee schedule to either of                     Anna P. Guido at Anna.P.Guido@                                             anticipated benefits of their at-home
                                                  these two measures? Are there other                      hud.gov or telephone 202–402–5535.                                         high-speed Internet access. The survey
                                                  measures that would more accurately                      This is not a toll-free number. Persons                                    will particularly focus on educational
                                                  establish maximum fees? Would there                      with hearing or speech impairments                                         Internet use such as completing
                                                  be any reason for HUD to establish a                     may access this number through TTY by                                      homework, connecting parents with
                                                  maximum amount of the fee that can be                    calling the toll-free Federal Relay                                        educators, and applying to college.

                                                                                        TABLE 1—DATA COLLECTION ACTIVITIES AND ANTICIPATED BURDEN
                                                     Information collection         Number of          Frequency of                Responses                Burden hour             Annual burden      Hourly cost   Annual cost
                                                          (instruments)            respondents           response                  per annum                per response               hours          per response

                                                  Telephone Survey Instru-                   2,500                          1                   2,500       .33 (15–20                       825            $15.00     $12,375.00
                                                    ment (Appendix B).                                                                                        minutes).
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                                                       Total Burden Hours                    2,500    ........................   ........................   .....................            825             15.00      12,375.00



                                                  B. Solicitation of Public Comment                        parties concerning the collection of                                         (1) Whether the proposed collection
                                                                                                           information described in Section A on                                      of information is necessary for the
                                                     This notice is soliciting comments                    the following:                                                             proper performance of the functions of
                                                  from members of the public and affected


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Document Created: 2016-09-07 11:50:16
Document Modified: 2016-09-07 11:50:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; solicitation of comment.
ContactKevin L. Stevens, Director, Home Mortgage Insurance Division, Office of Single Family Program Development, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9266, Washington, DC 20410-9000, telephone number 202-402-4137 (this is not a toll-free number). Persons with hearing or speech impairments may access this number by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation81 FR 61709 

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