[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55315-55316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19623]
[[Page 55315]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7027-N-28]
60-Day Notice of Proposed Information Collection: COVID19 HUD
Contingency Plan for HUD Multifamily Rental Project Closing Documents;
OMB Control No.: 2502-0618
AGENCY: Office of Housing--Federal Housing Commissioner, HUD.
ACTION: Notice.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, HUD
has requested from the Office of Management and Budget (OMB) emergency
approval of the information collection described in this notice.
DATES: Comments Due Date: November 3, 2020.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposal. Comments should refer to the proposal by name and/or OMB
Control Number and should be sent to: Colette Pollard, Reports
Management Officer, QDAM, Department of Housing and Urban Development,
451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-
402-3400 (this is not a toll-free number) or email at
Colette.Pollard@hud.gov for a copy of the proposed forms or other
available information. Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at (800) 877-8339.
FOR FURTHER INFORMATION CONTACT: Colette Pollard, Reports Management
Officer, QDAM, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; email Colette Pollard at
Colette.Pollard@hud.gov or telephone 202-402-3400. Persons with hearing
or speech impairments may access this number through TTY by calling the
toll-free Federal Relay Service at (800) 877-8339. This is not a toll-
free number. Copies of available documents submitted to OMB may be
obtained from Ms. Pollard.
SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is
seeking approval from OMB for the information collection described in
Section A.
A. Overview of Information Collection
Title of Information Collection: COVID19 HUD Contingency Plan for
HUD Multifamily Rental Project Closing Documents.
OMB Approval Number: 2502-0618.
Type of Request: New Collection.
Form Numbers: HUD-5985 & HUD-5960.
Respondents: Business or other for-profit, Not-for-profit
institutions, State, Local or Tribal Government.
Estimated Number of Respondents: 612.
Estimated Number of Responses: 1,224.
Frequency of Response: Twice per annum.
Average Hours per Response: 1.00 hour [0.50 x 2 = 1 hour].
Total Estimated Burdens: 1,224.
Description of the need for the information and proposed use: This
is a new collection based on situational conditions relating to the
COVID-19 Coronavirus outbreak and the Presidential declaration that
began a national emergency. This new PRA collection will serve as the
authority for any new or future changes or revisions to multifamily
programs impacted by COVID-19 or related pandemics.
The Lender's Certificate, HUD-92434, establishes the conditions,
which the Lender agrees to abide by in consideration of HUD's
commitment to FHA-insure mortgages, and by which the Lender certifies
that the conditions have been fulfilled to date, including any work
done prior to endorsement of the Note that has been approved by HUD in
writing, and all HUD imposed conditions that have been met with respect
to such work. The information collection requirements contained in the
Lender's Certificate are to oversee the parties' compliance with all
applicable legal requirements and therefore ensure protection of the
FHA insurance fund. The HUD-92434M is required by the Closing
Checklists via the Firm Commitment (Housing Notice 2018-03) and per the
fact that the underlying forms contemplate hardcopy submission (since
HUD historically has not accepted electronic submission of documents
for closing purposes). The Lender's Certification Regarding: Electronic
Submission of Closing Documents is a modification of the HUD-92434M
that will set the Office of General Counsel's (``OGC'') temporary
uniform electronic closing protocols until normal closing can resume
after the COVID-19 Pandemic.
Relating to the current COVID-19 Coronavirus outbreak and the
President declaring a national emergency the Department of Housing and
Urban Development (``HUD'') and its offices remain open for business at
this time, many are now engaged in full-time telework. It is therefore
prudent and appropriate for the OGC, in collaboration with Multifamily
to establish protocols, rules, and procedures that best ensure
continuity of operations in the event of an extended closure of a
specific division, regional or field office, or the determination that
OGC in its entirety should work remotely. Pursuant to the March 16,
2020 HUD Memorandum issued for all Regional Counsel and Deputy Regional
Counsel, all Associate Regional Counsel for Programs and all OGC
Closing Attorneys, set forth protocols and best practices for the
continued provision of legal services by HUD Closing Attorneys while
working from home or from another remote location. Also included in the
memorandum are suggestions that may be shared with outside counsel to
facilitate the work being done remotely by OGC attorneys. Therefore,
Regional Counsel will ensure that the temporary protocols set forth in
the March 16, 2020 memorandum are adopted and applied consistently
across the regional and field offices within their purview. When the
pandemic subsides and OGC resumes normal closing operations
consistently across the country, HUD will reconsider the temporary
protocols in this memorandum. OGC attorney protocols for review and
approval of draft closing documents must rely on electronic
transmission of closing documents in lieu of hard copies in performing
their initial reviews. This approach will ensure the continuation of
reviews even if our external partners are unable to physically transmit
the volume of paper documents needed at this stage. While providing
increased flexibility to lenders in submitting closing documents, this
protocol does not authorize any additional substantive modifications to
the closing process without approval of the appropriate Regional
Counsel and the Office of Insured Housing in Headquarters. Draft
closing submission will remain consistent with the approach of
Multifamily Housing and OGC will accept draft closing packages in fully
electronic form.
Respondents: Estimation for the Escrow Agreement for Deferred
Repairs & Debt Service--223(f)--(one closing):
Estimated Number of Respondents: 330.
Estimated Number of Responses: 330.
Frequency of Response: Once per annum.
Average Hours per Response: .50 hours.
Total Estimated Burdens: 165.
Description of the need for the information and proposed use: The
form Escrow Agreement for Deferred Repairs & Debt Service--223(f)
(``Debt Service Escrow Agreement''), sets the terms and conditions
between the Borrower and Lender and provides for the establishment of
an escrow by the
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Borrower as security for completion of non-critical deferred repairs.
Such escrow also serves as security for HUD's insurance of the loan.
The agreement provides for prior approval of HUD for certain actions to
be taken by the Borrower or Lender. The information collection
requirements contained in Debt Service Escrow Agreement are to oversee
the parties' compliance with all applicable legal requirements and
therefore ensure protection of the FHA insurance fund.
The global pandemic relating to the COVID-19 Emergency has
disrupted the U.S. economy with significantly increased unemployment
and overall economic instability. This instability has carried over to
real estate markets in general, including multifamily commercial
markets. During these challenging times, HUD remains open for business
and will continue as an active participant in sourcing new construction
and refinance debt through its mortgage insurance programs. At the same
time, HUD has reevaluated its underwriting requirements, particularly
for market rate refinance transactions that may now experience
increased vacancy, rent collection losses and income disruption both in
the near and long term. Section 207 of the National Housing Act
provides that no mortgage shall be acceptable for insurance unless the
Secretary finds that the project is economically sound, and the MAP
Guide permits specific mitigants to be employed to reduce risk for
transactions currently in process but yet to receive a Firm Commitment
to insure. These mitigants include but are not limited to the
requirement of a Debt Service Reserve (DSR) for Section 223(f)
transactions to offset anticipated operating losses post endorsement.
To address risk and/or changed economic circumstances for transactions
that have been issued a commitment to insure but have yet to endorse,
HUD includes language in the Firm Commitment affirming that no material
adverse change (MAC) has occurred between the issuance of the
commitment and endorsement. Accordingly, HUD has taken the position
that the impact of the COVID-19 Emergency has resulted in a material
change in most, if not all, real estate markets and therefore, HUD will
require mitigants to offset this additional risk. Accordingly, this
form provides clarification and instructions to HUD staff describing
additional mitigants that may be included in the Firm Commitment for
Section 223(f) loans that are in processing, as well as for those
projects for which a Firm Commitment has been issued.
Revisions to the OMB approved Form HUD-92476.1M is the temporary
Escrow Agreement for Deferred Repairs & Debt Service--223(f). This form
does not permanently replace the HUD-92476.1M. The revised escrow,
while based on the HUD-92476.1M, is a separate document for temporary
use during the COVID-19 emergency pursuant to Mortgagee Letter 2020-11
issued April 10, 2020. The temporary Escrow Agreement for Deferred
Repairs & Debt Service--223(f) Form will remain in effect until such
time as HUD determines that the real estate markets that have been
negatively affected by the COVID-19 Emergency have stabilized and
additional mitigants for Section 223(f) transactions are no longer
required.
This new collection can be used to address future changes to
multifamily programs or processes that may arise from impacts due to
the COVID-19 pandemic.
B. Solicitation of Public Comment
This notice is soliciting comments from members of the public and
affected parties concerning the collection of information described in
Section A on the following:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) Ways to minimize the burden of the collection of information on
those who are to respond; including through the use of appropriate
automated collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
HUD encourages interested parties to submit comment in response to
these questions.
C. Authority
Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C.
Chapter 35.
Assistant Secretary for Housing--Federal Housing Commissioner,
Dana T. Wade, having reviewed and approved this document, is
delegating the authority to electronically sign this document to
submitter, Nacheshia Foxx, who is the Federal Register Liaison for
HUD, for purposes of publication in the Federal Register.
Dated: September 1, 2020.
Nacheshia Foxx,
Federal Register Liaison for the Department of Housing and Urban
Development.
[FR Doc. 2020-19623 Filed 9-3-20; 8:45 am]
BILLING CODE 4210-67-P