Multi-Family Housing Preservation and Revitalization (MPR) Demonstration Program-Section 514 and Section 515 for Fiscal Year 2022

Published date15 March 2022
Citation87 FR 14441
Record Number2022-05252
SectionNotices
CourtRural Housing Service
Federal Register, Volume 87 Issue 50 (Tuesday, March 15, 2022)
[Federal Register Volume 87, Number 50 (Tuesday, March 15, 2022)]
                [Notices]
                [Pages 14441-14507]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2022-05252]
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                DEPARTMENT OF AGRICULTURE
                Rural Housing Service
                [Docket No. RHS-22-MFH-0002]
                Multi-Family Housing Preservation and Revitalization (MPR)
                Demonstration Program--Section 514 and Section 515 for Fiscal Year 2022
                AGENCY: Rural Housing Service, United States Department of Agriculture.
                ACTION: Notice of Solicitation of Applications (NOSA).
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                SUMMARY: The Rural Housing Service (RHS) (Agency), a Rural Development
                agency of the United States Department of Agriculture (USDA), announces
                it is soliciting applications to defer existing eligible loans for the
                Multi-Family Housing (MFH) Preservation and Revitalization (MPR)
                Demonstration Program. Current RHS borrowers (stay-in owners) and/or
                eligible applicants applying to assume existing Section 515 Rural
                Rental Housing (RRH) or Section 514 Off-Farm Labor Housing (Off-FLH)
                loans that are closed and were obligated on or after October 1, 1991,
                are invited to apply for MPR deferral-only assistance for such loans.
                This Notice does not provide any funding or additional units of Agency
                Rental Assistance (RA).
                DATES: Complete applications requesting deferral-only assistance under
                this NOSA must be received no later than 5 p.m., Eastern Standard Time,
                May 16, 2022. The Agency will not consider any applications received
                after the closing deadlines.
                ADDRESSES: Application Submission: All materials must be submitted via
                CloudVault. The submission process is detailed in section III.
                Application and Submission Information of this Notice.
                 After publication in the Federal Register, this Notice will be
                posted on the Rural Development (RD) website, www.rd.usda.gov/newsroom/notices-solicitation-applications-nosas. The Agency will publish, as
                necessary, any revisions and amendments reflecting program
                modifications, in the Federal Register within the period this Notice
                remains open. Expenses incurred in applying for this NOSA will be borne
                by and be at the applicant's sole risk.
                FOR FURTHER INFORMATION CONTACT: Fallan Faulkner, Multi-Family
                Specialist, Multi-Family Housing, RHS, U.S Department of Agriculture,
                via email: [email protected], or by phone: 615-812-0050. Any
                questions on eligibility for deferral should be directed via email at:
                [email protected]. Please include in the subject
                [[Page 14442]]
                line ``MPR NOSA Eligibility'' and the name and address of the property
                in question.
                 For information regarding the Addendum: Capital Needs Assessment
                Process located at the end of this notice, contact: Fallan Faulkner,
                Multi-Family Specialist, Multi-Family Housing, RHS, U.S. Department of
                Agriculture, via email: [email protected] or telephone: (615)
                812-0050.
                SUPPLEMENTARY INFORMATION:
                Authority
                 The Consolidated Appropriations Act, 2021 (H.R. 133) authorized
                USDA to conduct a demonstration program for the preservation and
                revitalization of the Section 514 (Off-FLH) and 515 programs authorized
                by the Housing Act of 1949; 7 CFR part 3560.
                Rural Development: Key Priorities
                 The Agency encourages applicants to consider projects that will
                advance the following key priorities:
                 Assisting Rural communities recover economically from the
                impacts of the COVID 19 pandemic, particularly disadvantaged
                communities.
                 Ensuring all rural Residents have equitable access to RD
                programs and benefits for RD funded projects.
                 Reducing climate pollution and increasing resilience to
                the impacts of climate change through economic support to rural
                communities.
                 For further information, visit https://www.rd.usda.gov/priority-points.
                Executive Summary
                 This Notice solicits applications for deferrals of any closed
                Section 514 (Off-FLH) or 515 Agency loan obligated on or after October
                1, 1991 for the purpose of revitalization and preservation of existing
                properties. Under this NOSA, eligible loan payments can be deferred for
                20 years. The cash flow from the deferred RHS direct loan principal and
                interest payment will be deposited to the RHS project's reserve account
                or as directed by the Agency to meet the specific project's present and
                future physical needs as determined by the Capital Needs Assessment
                (CNA) concurrently approved by the Agency. At the end of this Notice, a
                CNA addendum is provided with detailed instructions to assist the
                applicant in completing CNA reports, expected useful life tables, and
                forms. The deferral may also support new debt payments being incurred
                for repair/rehabilitation loans and/or to reduce tenant rents as
                determined by the Agency to be in the best interests of the tenants and
                Government. There are no other MPR tools or forms of assistance
                available under this NOSA.
                I. MPR Debt Deferral Information
                A. Deferral of Principal and Interest Payments
                 A deferral of principal and interest payments for 20 years of any
                closed Section 514 (Off-FLH) or Section 515 Agency loan(s) that was
                obligated on or after October 1, 1991. Loans obligated prior to October
                1, 1991 are not eligible for deferral under this NOSA. If there are
                multiple loans on the account, all loans must be obligated on or after
                October 1, 1991 to be eligible. If the account has a loan(s) obligated
                prior to October 1, 1991, the account/property is not eligible for MPR.
                The total of all liens against the project, with the exception of
                Agency deferred debt, cannot exceed the Agency-approved security value
                of the project. All Agency debt, either in first lien position or in a
                subordinated lien position, must be secured by the project, except
                deferred debt, which is not included in the Agency's total lien
                position for computation of the Agency's security value in the MPR
                program.
                 (1) The deferral will assure the continued feasibility of
                preserving needed rental units based on criteria described in 7 CFR
                3560.57(a)(3).
                 (2) Transfers with MPR Deferrals must be processed through the MFH
                Production and Preservation Division in accordance with the transfers
                regulations.
                 (3) All terms and conditions of the deferral will be described in
                the MPR Conditional Commitment (MPR-CC), the MPR Debt Deferral
                Agreement, and any associated transfer approval.
                 (4) A balloon payment of principal and accrued interest (deferral
                balloon) will be due at the end of the deferral period, or upon default
                pursuant to the terms contained therein. Interest will accrue at the
                promissory note rate. If applicable, the subsidy will be applied as set
                out in the Agency's Form RD 3560-9, ``Multiple Family Housing Interest
                Credit Agreement.''
                B. Eligibility Deferral Information
                 Any questions on eligibility for deferral should be directed via
                email at: [email protected]. Please include in the subject line ``MPR
                NOSA Eligibility'' and the name and address of the property in
                question.
                C. Project Consolidation Information
                 MPR deferrals may be approved for project consolidations for stay-
                in-owner or transfer transactions in accordance with 7 CFR part 3560
                providing the following are met:
                 (1) All projects being consolidated must be submitted on one
                application and located in the same market area as defined in 7 CFR
                3560.11;
                 (2) Projects must be of the same type, managed under one management
                plan and one management agreement, and in sufficient proximity to
                permit convenient and efficient management of the property.
                D. Terms
                 The Agency will require a re-amortization of the existing loan(s).
                MPR debt deferrals authorized in conjunction with transfers or
                subordinations will become effective upon completion of all planned
                repairs and rehabilitation deemed acceptable to the RHS approval
                official as outlined in the MPR conditional commitment.
                E. Transfers
                 Special conditions apply to transfers. Under the provisions of 7
                CFR 3560.406, debt deferral for any eligible loans(s) as described
                herein may be included in the transfer underwriting under the following
                conditions:
                 1. The new owner, including all principals, sharing an identity of
                interest (IOI) with the selling entity in any other RHS properties, is
                fully compliant with all Agency requirements and conditions, unless
                there is an Agency approved workout agreement as specified in 7 CFR
                3560.453 in place and on schedule for at least six (6) months prior to
                the date of application.
                 2. The maximum return-to-owner-(RTO) will be determined prior to
                applying the deferral.
                II. Eligibility Information
                A. Applicant Eligibility Requirements
                 (1) For the purpose of this Notice, ``Applicant'' includes the
                applying entity (e.g., ABC LLP) and the entity's principals (e.g., John
                Doe, General Partner of ABC LLP; XYZ, Inc., General Partner of ABC LLP;
                John Doe Jr., President of XYZ, Inc.). In the case of a single asset
                entity that is not a natural person, the Agency will rely solely on the
                qualifications of the natural person(s) managing/controlling the entity
                (whether directly or indirectly through other entities) to establish
                the applicant's eligibility.
                 (2) Eligible applicants for the MPR program include individuals,
                partnerships or limited partnerships, consumer cooperatives, trusts,
                State or local public agencies, corporations, limited liability
                companies, non-profit organizations, Indian tribes, associations, or
                other entities authorized by the Agency that own (stay in owner)
                [[Page 14443]]
                or will be the owner of the project for which an application for
                transfer of ownership by the Agency has been submitted.
                 (3) Eligibility requirements include substantial and verifiable
                favorable experience and creditworthiness as required by the respective
                MFH program regulations specified in 7 CFR part 3560, with the
                exception that stay-in owner applicants are not required to meet the
                test for other credit for MPR purposes as stated in 7 CFR
                3560.55(a)(2). Appropriate credit reports for the applicant, entity and
                principals will be submitted and considered in both the MPR and
                transfer processing eligibility determination as defined in Section
                III. Application and Submission Information B. 9. below.
                B. Additional Eligibility Requirements
                 (1) All applicants must meet the respective (Section 515 or 514
                Off-FLH) requirements for initial and/or current (continuing) borrower
                eligibility and program participation. Initial eligibility will be
                determined as of the date of the application filing deadline. The
                Agency reserves the right to discontinue processing any application due
                to material changes in the applicant's status occurring at any time
                after the initial eligibility determination.
                 (2) Eligibility also includes the continued ability of the
                borrower/applicant to provide acceptable management and will include an
                evaluation of any current outstanding deficiencies. Any outstanding
                violations or extended open operational findings associated with the
                applicant/borrower or any affiliated entity having an identity of
                interest (IOI) with the project ownership and which are recorded in the
                Agency's automated Multi-Family Information System (MFIS), may preclude
                further processing of any MPR applications unless there is a current,
                approved workout agreement in accordance with Sec. 3560.453 in place
                and the plan has been satisfactorily followed for a minimum of six (6)
                consecutive months, as determined by the Agency.
                 (3) In the event of an MFH transfer, the proposed transferee must
                submit evidence of site control together with a copy of the borrower's
                written request signed by both the proposed buyer and the seller
                describing the general terms of the proposed transfer. Evidence may
                include a valid and unexpired Purchase Agreement, Letter of Intent, or
                other documentation acceptable to the Agency. Transfers will be
                processed in accordance with the guidelines of Sec. 3560.406.
                 (4) All applicants are subject to the applicable requirements of
                the Office of Management and Budget (OMB)-approved USDA Suspension and
                Debarment, and Drug-Free Workplace Certifications as prescribed under
                Title 2 CFR parts 417 and 421.
                C. Project Eligibility Requirements
                 (1) Project loans must have been obligated on or after October 1,
                1991. Any projects with a loan(s) obligated prior to October 1, 1991,
                are not eligible for this MPR demonstration program.
                 (2) Projects must have open physical finding(s) identified by a
                recent physical inspection and recorded by the Agency. Furthermore, the
                open physical finding(s) of record must be the result of circumstances
                beyond owner and/or management control and/or must be uncorrected due
                to insufficient operating income/reserve funds necessary to address the
                outstanding physical need(s) of the project. Any projects with open
                physical findings resulting from deferred maintenance, as recorded by
                the Agency, are not eligible for this MPR demonstration program.
                Physical deficiencies identified by the Agency or another lending
                organization (i.e., HUD, Housing Finance Agency, etc.) or reported by
                local code enforcement of imminent threats to the health and safety of
                tenants that have not been recorded but are documented by the applicant
                and provided as part of the application, may be considered when
                determining project eligibility.
                D. Key Priority Eligibility
                 For an application to be deemed eligible, applicants must also meet
                the criterion of at least two of the Agency's three key priorities
                (COVID-19, Equity and Climate). To help with your understanding of the
                Key Priorities and how your property could qualify, please refer to the
                key priority eligibility information below, and then on the following
                website for details: https://www.rd.usda.gov/priority-points. Please
                note for purposes of this NOSA, the Key Priorities as described below
                and on the website, are being used solely for eligibility purposes and
                no points will be awarded. All eligible applications will be accepted.
                 (1) COVID-19--the project must be located in or serving one of the
                top 10% of counties or county equivalents based upon the county risk
                score in the United States. The dashboard located at https://www.rd.usda.gov/priority-points will be used to determine if a project
                is eligible to apply based upon its location. Applicants must use the
                dashboard to verify if the project is located within one of the top 10%
                of counties or county equivalents based upon the county risk score in
                the United States and provide documentation from the dashboard within
                the application to verify the location in order to be eligible.
                 (2) Equity--the project must be located in or servicing a community
                with a score of 0.75 or above on the CDC Social Vulnerability Index.
                The dashboard located at https://www.rd.usda.gov/priority-points will
                be used to determine if a project is eligible to apply based upon its
                location. Applicants must use the dashboard to verify if the project is
                located in or servicing a community with a score of 0.75 or above on
                the CDC Social Vulnerability Index and provide documentation from the
                dashboard within the application to verify the location in order to be
                eligible.
                 (3) Climate Impacts--applicants may be eligible through one of two
                methods:
                 a. The project must be located in or serving coal, oil and gas, and
                power plant communities whose economic well-being ranks in the most
                distressed tier of the Distressed Communities Index. The dashboard
                located at https://www.rd.usda.gov/priority-points will be used to
                determine if a project is eligible to apply based upon its location.
                Applicants must use the dashboard to verify if the project is located
                within or serving coal, oil and gas, and power plant communities and
                whose economic well-being ranks in the most distressed tier of the
                Distressed Communities Index and provide documentation from the
                dashboard within the application to verify the location in order to be
                eligible.
                 b. demonstrate through a written narrative how proposed climate-
                impact projects improve the livelihoods of community residents and meet
                pollution mitigation or clean energy goals.
                III. Application and Submission Information
                A. Submission Process
                 (1) All materials must be submitted via CloudVault.
                 (2) The process for submitting an electronic application to RHS via
                CloudVault is outlined below:
                 a. At least three business days prior to the application deadline,
                the applicant must email RHS a request to create a shared folder in
                CloudVault. The email must be sent to the following address:
                [email protected]. The email must contain the following information:
                 (i) Subject line: MPR NOSA Submission.
                 (ii) Body of email: Applicant Name, Applicant Contact Information,
                Project State, Project Name, and Project City.
                [[Page 14444]]
                 (iii) Request language: ``Please create a shared CloudVault folder
                so that we may submit our application documents.''
                 (b) Once the email request to create a shared CloudVault folder has
                been received, a shared folder will be created within two business
                days. When the shared CloudVault folder is created by RHS, the system
                will automatically send an email to the applicant's submission email
                with a link to the shared folder. All required application documents in
                accordance with this NOSA must be loaded into the shared CloudVault
                folder. When the submission deadline is reached, the applicant's access
                to the shared CloudVault folder will be removed. Any document uploaded
                to the shared CloudVault folder after the application deadline will not
                be reviewed or considered.
                B. Submission Requirements
                 (1) The applicant must upload a Table of Contents for the documents
                that have been uploaded to the shared CloudVault folder.
                 (2) Applications must include all applicable information requested
                on the MPR application form (Form Approved: OMB No. 0575-0190) to be
                considered complete. The application form can be found at http://www.rd.usda.gov/programs-services/housing-preservation-revitalization-demonstration-loans-grants. Click on the To Apply tab to access the
                ``Fiscal Year 2022 Application for MFH Preservation and Revitalization
                Demonstration Program (MPR).''
                 (3) Responding entity's Dun and Bradstreet Data Universal Numbering
                System (DUNS) number, registration in the System for Award Management
                (SAM) prior to submitting an application pursuant to 2 CFR 25.200(b),
                and other supporting information to substantiate their legal authority
                and good standing. Applicants can receive a DUNS number at no cost by
                calling the dedicated toll-free DUNS Number request line at (866) 705-
                5711 or via the internet at http://www.dnb.com/. Additional information
                concerning this requirement can be obtained on the grants.gov website
                at http://www.grants.gov. All applicants must be registered in SAM
                prior to submitting an application, unless determined exempt under 2
                CFR 25.110. Federal award recipients must maintain an active SAM
                registration during which time they have an active Federal award or an
                application under consideration by the Agency. The applicant must
                ensure that the information in the database is current, accurate, and
                complete. Applicants must ensure they complete the Financial Assistance
                General Certifications and Representations in SAM. Similarly, all
                recipients of Federal financial assistance are required to report
                information about first-tier sub-awards and executive compensation in
                accordance with 2 CFR part 170, so long as an entity respondent does
                not have an exception under 2 CFR 170.110(b), they must have the
                necessary processes and systems in place to comply with the reporting
                requirements should the responding entity receive federal assistance.
                See 2 CFR 170.200(b).
                 (4) Applicant must provide a narrative describing the transaction
                in detail of how the deferral-only MPR tool will benefit their
                transaction. List any adverse impacts or physical failures (i.e.,
                natural causes not foreseen, damage not reimbursable by insurance or
                disaster loan or grant, etc.)
                 (5) Applicant must complete the Form SF 424, ``Application for
                Federal Assistance,'' which can be found and completed online at the
                following website: https://apply07.grants.gov/apply/forms/readonly/SF424_2_1-V2.1.pdf.
                 (6) Provide evidence of site control for all transfers of
                ownership.
                 (7) For Section 515 projects, the average physical vacancy rate for
                the 12 months preceding this Notice's application submission date can
                be no more than 10 percent for projects consisting of 16 or more
                revenue units and no more than 15 percent for projects less than 16
                revenue units. If the applicant is seeking an exception to this
                requirement or there are concerns about the market, the applicant must
                submit an explanation as to the circumstances affecting the vacancy
                rate. The Agency will request additional information if the vacancy
                rates along with a current market study to support the need of the
                project and its continued financial feasibility. The Agency will
                request additional information if the vacancy rates exceed the
                percentages stated above, which may include a current market study, to
                assess the need of the project and its continued financial feasibility.
                To further demonstrate there is a continuing need for the RHS project,
                the Agency may request waiting lists and/or confirmation of a housing
                shortage by local housing agencies. The market data must show a clear
                need and demand for the project. The Agency will determine whether the
                proposal has market feasibility based on the data provided by the
                applicant. Any costs associated with the completion of the market data
                is NOT an eligible program project expense. If a project consolidation
                is involved, the consolidation will remain eligible so long as the
                average vacancy rate for each individual project meets the occupancy
                standard noted in this paragraph each project must meet the average
                vacancy rate outlined above.
                 (8) For Sections 514/516 Off-FLH projects, since this program is
                typically seasonal which affects the vacancy rate, rather than an
                average physical vacancy rate as noted in section (ii) above, a
                positive cash flow for the previous full three (3) years of operation
                is required unless an exception applies as described section III(A)(3),
                above for projects with an approved work out plan.
                 (9) Submit a current (no older than six months from the date of
                issuance) combination comprehensive credit report for both the entity
                and the actual individual principals, partners, members, etc. within
                the applicant entity, including any sub-entities, who are responsible
                for controlling the ownership and operations of the entity. Although a
                commercial credit report for a new entity may have limited information
                available, a combination report ties the entity and individual
                principal(s) together under the applicant/borrower name based on the
                credit report agency's ability to provide a single reporting source.
                However, if any of the principals in the applicant entity are not
                natural persons (i.e., corporations, other limited liability companies,
                trusts, etc.) separate commercial credit reports must be submitted on
                those organizations as well. Individual personal consumer credit
                reports are not required if a combination report is being provided.
                Only Credit reports provided by accredited major credit bureaus will be
                accepted. In the past, the Agency has required the applicant to submit
                the credit report fee. In lieu of the applicant submitting the fee, the
                Agency will require the applicant to provide the credit report. It is
                the Agency's expectation that this change will create an efficiency in
                the application process that did not exist, which should assist with
                streamlining the application process for the applicant.
                 Failure to submit all required documents, forms and information
                prior to the deadline will result in an incomplete application, the
                application will be rejected and the applicant will be notified of
                appeal rights under 7 CFR part 11. Applicants are reminded that all
                submissions must be received by the deadline. Applications received
                after the deadline will not be evaluated. Upon request, RHS will
                provide the responding entities with a written acknowledgement of
                receipt.
                [[Page 14445]]
                IV. Agency Review and Selection Information
                 The Agency will conduct an initial screening for eligibility within
                90 business days of the NOSA closing deadline. Transfer applicants must
                meet Agency eligibility, application, and approval process requirements
                outlined in HB-3-3560, Chapter 7.
                 Eligibility determination is not an award or commitment for federal
                assistance. If the application is not accepted for further processing
                due to being incomplete or ineligible, the applicant will be notified
                of appeal rights under 7 CFR part 11. Applications that are deemed
                eligible but are not selected for further processing (i.e., financially
                infeasible, etc.) will be withdrawn from processing and the applicant
                will be notified of appeal rights under 7 CFR part 11.
                 Eligible applicants accepted for further processing that do not
                include a project transfer (stay-in owner) will be required to submit a
                CNA in accordance with 7 CFR 3560.103(c) and the addendum at the end of
                this NOSA. The timeframe for submitting the CNA will be included in the
                applicant's selection letter. The CNA will be used to underwrite the
                proposal to determine financial feasibility. The CNA must be approved
                by the Agency prior to the Agency underwriting the transaction. Stay-in
                owner applicants can use property reserve account funds to pay for CNA
                costs if approved by the servicing specialist assigned to the property.
                Servicing specialist assignments by property can be found at: https://www.sc.egov.usda.gov/data/MFH.html. A CNA is comprised of nine main
                sections:
                 Definitions;
                 Contract Addendum;
                 Requirements and Statement of Work (SOW) for a CNA;
                 The CNA Review Process;
                 Guidance for the Multi-Family Housing (MFH) CNA Recipient
                Regarding Contracting for a CNA;
                 Revising an Accepted CNA During Underwriting;
                 Updating a CNA;
                 Incorporating a Property's Rehabilitation into a CNA; and
                 Repair and Replacement Schedule.
                Additionally, there are seven attachments which accompany the CNA
                addendum identified as follows:
                 Attachment A, ADDENDUM TO THE CAPITAL NEEDS ASSESSMENT
                CONTRACT
                 Attachment B, CAPITAL NEEDS ASSESSMENT STATEMENT OF WORK
                 Attachment C, FANNIE MAE PHYSICAL NEEDS ASSESSMENT GUIDANCE TO
                THE PROPERTY EVALUATOR
                 Attachment D, CNA e-Tool Estimated Useful Life Table
                 Attachment E, CAPITAL NEEDS ASSESSMENT REPORT
                 Attachment F, SAMPLE CAPITAL NEEDS ASSESSMENT REVIEW REPORT
                 Attachment G, CAPITAL NEEDS ASSESSMENT GUIDANCE TO THE
                REVIEWER
                 Transfer applicants must comply with the requirements of 7 CFR
                3560.406 and Chapter 7 of HB-3-3560, including all Agency approval and
                closing conditions prior to closing the MPR debt deferral. The Agency
                will provide additional guidance to the applicant and request
                information and documents necessary to complete the underwriting and
                review process within 45 days of the Agency's selection letter. Since
                the character of each application may vary substantially depending on
                the type of transaction proposed, additional information may be
                requested as appropriate.
                V. Agency Processing Information
                A. Feasibility and Structure
                 The feasibility and structure of each proposal will be based on the
                Agency's underwriting and the following parameters:
                 (1) For applications submitted under this Notice, the Agency will
                conduct eligibility determinations and eligible applicants will be
                processed accordingly.
                 (2) Applications marked as any of the following will be prioritized
                for the initial review and processing. Priority projects will have an
                initial review completed within 30-60 business days of the NOSA closing
                deadline:
                 a. ``Deferral needed as part of a pending transfer''
                 b. ``stay-in owner transaction with third-party funding that will
                expire within 120 days''
                 c. ``project with urgent health/safety/accessibility issues to
                address''
                 d. ``projects with an average physical vacancy rate of no more than
                5% for the 12 months preceding this Notice's application submission
                date with a demonstrated waiting list''
                 e. ``projects that meet all three of the Agency's key priorities
                (COVID-19, Equity and Climate)''.
                 (3) Upon completion of RHS underwriting, MPR debt deferral offers
                will be presented to successful applicants as a conditional commitment
                (CC) and the Letter of Conditions (LOC). These documents will outline
                the borrower's requirement for executing and recording an Agency-
                approved Restrictive-Use Covenant (RUC) for a period equivalent to the
                remaining term of any non-deferred existing loan or the remaining term
                of any existing RUC, whichever ends later.
                 (4) Stay-in-owner applicants that have secured third party funding
                that will add new hard debt in an amount more than the amount approved
                to be deferred, will require an appraisal to ensure the property
                remains secure before the transaction will be approved.
                 (5) Transfer applicants requesting MPR debt deferral will be
                presented an opportunity to accept or reject the offered terms and
                conditions for such deferral in the MPR CC. Additional transfer
                requirements will be outlined in a Transfer Letter of Conditions.
                 (6) If no offer is made or if the applicant fails to accept or
                reject the offer presented, the application will be rejected, and
                appeal rights will be given.
                 (7) Closing of MPR offers will occur within six months of the
                accepted MPR CC unless extended in writing by the Agency.
                 (8) Applicants will be informed of any proposals that are
                determined to be financially infeasible. Any proposal denied by the
                Agency will be returned to the applicant, and the applicant will be
                given appeal rights pursuant to 7 CFR part 11.
                 (9) Any MPR applications not approved one year from the selection
                notice date will be withdrawn, unless an extension is approved by the
                Agency. Applicants may reapply for federal assistance under future
                Notices as they may be made available.
                B. Third Party Funding Sources
                 If third party funding sources have not yet been committed, the
                Agency may issue a conditional approval contingent upon receipt of firm
                funding commitments consistent with the terms used in the PAT attached
                to the Conditional Commitment to underwrite the transaction. Agency
                approval will be withdrawn if a satisfactory firm commitment is not
                received as the transaction cannot close until a firm commitment is
                provided. Any changes to the proposed sources that cause substantial
                material changes will require re-evaluation of the transaction by the
                National Office Underwriter and, in some cases, may cause approval to
                be rescinded and/or a new concurrence to be issued.
                VI. Other Information
                A. Paperwork Reduction Act
                 The information collection requirements contained in this Notice
                have received approval from the Office
                [[Page 14446]]
                of Management and Budget (OMB) under Control Number 0575-0190.
                B. Non-Discrimination Statement
                 In accordance with Federal civil rights laws and U.S. Department of
                Agriculture (USDA) civil rights regulations and policies, the USDA, its
                Mission Areas, agencies, staff offices, employees, and institutions
                participating in or administering USDA programs are prohibited from
                discriminating based on race, color, national origin, religion, sex,
                gender identity (including gender expression), sexual orientation,
                disability, age, marital status, family/parental status, income derived
                from a public assistance program, political beliefs, or reprisal or
                retaliation for prior civil rights activity, in any program or activity
                conducted or funded by USDA (not all bases apply to all programs).
                Remedies and complaint filing deadlines vary by program or incident.
                 Program information may be made available in languages other than
                English. Persons with disabilities who require alternative means of
                communication to obtain program information (e.g., Braille, large
                print, audiotape, American Sign Language) should contact the
                responsible Mission Area, agency, or staff office; the USDA TARGET
                Center at (202) 720-2600 (voice and TTY); or the Federal Relay Service
                at (800) 877-8339.
                 To file a program discrimination complaint, a complainant should
                complete a Form AD-3027, USDA Program Discrimination Complaint Form,
                which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a
                letter addressed to USDA. The letter must contain the complainant's
                name, address, telephone number, and a written description of the
                alleged discriminatory action in sufficient detail to inform the
                Assistant Secretary for Civil Rights (ASCR) about the nature and date
                of an alleged civil rights violation. The completed AD-3027 form or
                letter must be submitted to USDA by:
                 (1) Mail: U.S. Department of Agriculture, Office of the Assistant
                Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
                20250-9410; or
                 (2) Fax: (833) 256-1665 or (202) 690-7442; or
                 (3) Email: [email protected].
                Addendum: Capital Needs Assessment Process
                 A Capital Needs Assessment (CNA) provides a repair schedule for the
                property in its present condition, indicating repairs and replacements
                necessary for a property to function properly and efficiently over a
                span of 20 years.
                 The purpose of this Addendum is to provide clarification and
                guidance on the Rural Development CNA process. The document includes
                general instructions used in completing CNA reports, specific
                instructions on how to use the expected useful life tables, and a set
                of applicable forms including the Terms of Reference form; Systems and
                Conditions forms; and Evaluator's Summary forms.
                1. Definitions
                 The following definitions are provided to clarify terms used in
                conjunction with the CNA process:
                 CNA Recipient: This will be who enters into the contract with the
                CNA Provider. The Recipient can be either the property owner or
                applicant/transferee.
                 ``As-Is'' CNA: This type of CNA is prepared for an existing MFH
                property and reports the physical condition including all Section 504
                Accessibility and Health and Safety items of the property based on that
                moment in time. This CNA can be useful for many program purposes other
                than the MPR Demonstration program such as: An ownership transfer,
                determining whether to offer pre-payment aversion incentive and
                evaluating or resizing the reserve account. The ``as-is'' report will
                include all major repairs and likely some minor repairs that are
                typically associated with the major work: Each major component, system,
                equipment item, etc. inside and outside; building(s); property; access
                and amenities in their present condition. A schedule of those items
                showing the anticipated repair or replacement timeframe and the
                associated hard costs for the ensuing 20-year term of the CNA serves as
                the basis or starting point in evaluating the underwriting that will be
                necessary to determine the feasibility and future viability of the
                property to continue serving the needs of eligible tenants.
                 ``Post Rehabilitation'' CNA: This type of CNA builds on the
                findings of the accepted ``as-is'' CNA and is typically prepared for a
                project that will be funded for major rehabilitation. The Post
                Rehabilitation CNA is adjusted to reflect the work intended to be
                performed during the rehabilitation. The assessment must be developed
                from the rehabilitation project plans and any construction contract
                documents to reflect the full extent of the planned rehabilitation.
                 Life Cycle Cost Analysis (LCCA): A LCCA is an expanded version of a
                CNA and is defined at 7 CFR 3560.11. The LCCA will determine the
                initial purchase cost, the operation and maintenance cost, the
                ``estimated useful life'', and the replacement cost of an item selected
                for the project. The LCCA provides the borrower with the information on
                repair or replacement costs and timeframes over a 20-year period. It
                also provides information that will assist with a more informed
                component selection and can provide the borrower with a more complete
                financial plan based on the predictive maintenance needs associated
                with those components. If the newly constructed project has already
                been completed without any previous LCCA requirements, either an ``as-
                is'' CNA or LCCA can be provided to establish program mandated reserve
                deposits. An Architect or Engineer is the best qualified person(s) to
                prepare this report.
                 Consolidation: In some circumstances, RD may permit two or more
                properties to be consolidated as defined in 7 CFR 3560.410 when it is
                in the best interests of the Government. The CNA Recipient must consult
                with the RD loan official before engaging the CNA Provider in any case
                where the CNA intends to encompass more than a single (one) existing RD
                property to determine if a consolidated CNA may be acceptable for RD
                underwriting.
                2. Contract Addendum
                 RD uses a Contract Addendum to supplement the basic CNA Agreement
                or ``Contract'', between the CNA Recipient and CNA Provider, with
                additional details and conditions. It can be found in Attachment A,
                Addendum to Capital Needs Assessment Contract and must accompany all
                contracts executed between the CNA Recipient and CNA Provider for CNAs
                used in RD transactions. If any conflicts arise between the
                ``Contract'' and ``Contract Addendum'', the ``Contract Addendum'' will
                supersede.
                 The Contract Addendum identifies the responsibilities and
                requirements for both the CNA Recipient and the CNA Provider. To assure
                proper completion of the contract documents the following key
                provisions must be completed:
                 a. The Contract Addendum will include the contract base amount for
                the CNA Provider's cost for services on page A-2, and provisions for
                additional services to establish the total price for the CNA.
                 b. Item I e, will require an itemized listing for any additional
                anticipated services and their unit costs including
                [[Page 14447]]
                future updates and revisions that may be required before the CNA is
                accepted by RD. Note: Any cost for updating a CNA must be included, in
                the ``additional services'' subpart, of the original CNA Contract.
                 c. The selection criteria boxes in II a, will identify the type of
                CNA being provided.
                 d. In III a, the required language for the blank on ``report
                format'' is: ``USDA RD CNA Template, current RD version, in Microsoft
                Excel format''. This format will import directly into the RD
                underwriting template for loan underwriting purposes.
                3. Requirements and Statement of Work (SOW) for a CNA
                 Minimum requirements for a CNA acceptable to RD can be found in
                Attachment B, Capital Needs Assessment Statement of Work. This is
                supplemented by Attachment C, Fannie Mae Physical Needs Assessment
                Guidance to the Property Evaluator. To resolve any inconsistency in the
                two documents, Attachment B, the CNA SOW, will in all cases prevail
                over Attachment C, Fannie Mae Physical Needs Assessment Guidance to the
                Property Evaluator. (For example, on page C-2 of Attachment C, Fannie
                Mae defines the ``term'' as ``term of the mortgage and two years
                beyond''. For USDA, the ``term'' will be 20 years, as defined in the
                CNA SOW.)
                 Attachment B includes the required qualifications for the CNA
                Provider, the required SOW for a CNA assignment, and general
                distribution and review instructions to the CNA Provider. The CNA
                Providers must be able to report the current physical condition of the
                property and not base their findings on the financial condition of
                either the property or the CNA Recipient.
                 Attachment C is a three-part document RD has permission to use as
                reference to the CNA process throughout the RD MFH program efforts. The
                three key components of this Attachment are: (1) Guidance to the
                property evaluator; (2) expected useful life tables; and (3) a set of
                forms.
                 An acceptable CNA must appropriately address within the report and
                narrative all Accessibility Laws and Requirements that apply to Section
                515 and Sections 514/516 MFH properties. The CNA Provider must assess
                how the property meets the requirements of accessibility to persons
                with disabilities in accordance the Uniform Federal Accessibility
                Standards (UFAS) and Section 504 Accessibility Requirements. It is the
                responsibility of the Provider to inspect and verify whether all
                accessibility features are compliant.
                4. The CNA Review Process
                 A CNA used by RD will be reviewed by the designated RD CNA Reviewer
                with experience in construction, rehabilitation, and repair of MFH
                properties, especially as it relates to repair and replacement.
                 A CNA report must be obtained by the CNA Recipient from an
                independent third-party CNA Provider that has no identity of interest
                with the property owner, management agent, applicant/transferee or any
                other principle or affiliate defined in 7 CFR 3560.11. The CNA
                Recipient will contract with the CNA Provider and is therefore the
                client of the provider. However, the CNA Recipient must consult with
                RD, before contracting with a CNA Provider to review Guidance Regarding
                Contracting for a CNA. The RD CNA Reviewer will evaluate a proposed
                agreement or engagement letter between the CNA Recipient and the CNA
                Provider using Attachment G, Capital Needs Assessment Guidance to the
                Reviewer, prior to reviewing any CNA report. Unacceptable CNA
                proposals, contracts or reports will be returned to the CNA Recipient
                for appropriate corrections before they will be used for any
                underwriting determinations.
                 The CNA Reviewer will also review the cost of the CNA contract. The
                proposed fee for the CNA must be approved as an eligible housing
                project expense under 7 CFR 3560.103 (c) for the agreement to be
                acceptable and paid using project funds. In most cases, the CNA service
                contract amount has not exceeded $3,500 based on the Agency's most
                recent cost analysis.
                 Borrowers and applicants are encouraged to obtain multiple bids in
                all cases. However, there is no Agency requirement to select the ``low
                bidder'' under this UL and the CNA Recipient may select a CNA Provider
                that will provide the best value, based on qualifications, as well as
                price after reviewing references and past work.
                 If the CNA is funded by the property's reserve account, a minimum
                of two bids is required if the CNA service contract amount is estimated
                to exceed $5,000 as specified in HB-2-3560, Chapter 4, Paragraph 4.17
                B. If the CNA contract under this UL is funded by another source, or
                will be under $5,000, a single bid is acceptable.
                 If the proposed agreement is acceptable, the reviewer will advise
                the appropriate RD servicing official, who will in turn inform the CNA
                Recipient. If the proposed agreement is unacceptable, the reviewer will
                notify the servicing official, who will notify the CNA Recipient and
                the CNA Provider in writing and identify actions necessary to make the
                proposed CNA agreement acceptable to RD. Upon receipt of a satisfactory
                agreement, the RD CNA Reviewer should advise the appropriate RD
                servicing official or underwriting official to accept the proposal.
                 The CNA Reviewer will review the preliminary CNA report submitted
                to RD by the CNA Provider using Attachment G and write the preliminary
                CNA review report. During the CNA review process, the CNA Reviewer and
                underwriter will consult with the servicing field office most familiar
                with the property for their input and knowledge of the property. Any
                differences of opinion that exist regarding the findings must be
                mutually addressed by RD staff. If corrections are needed, the loan
                official will notify the CNA Recipient, in writing, of any revisions
                necessary to make the CNA report acceptable to RD. The CNA Reviewer
                will review the final CNA report and deliver it to the loan official.
                The final report must be signed by both the CNA Reviewer and the loan
                official (underwriter). Upon signature by both, this report becomes the
                ``accepted'' CNA indicating the actual condition of the property at the
                time of the CNA inspection--a ``snapshot'' in time--and will be marked
                ``Current Property Condition'' for indefinite retention in the borrower
                case file.
                 A CNA Provider should be fully aware of the intended use for the
                CNA because it can impact the calculations necessary to perform
                adequate accessibility assessments and can impact the acceptability of
                the report by RD. Unacceptable reports will not be used for any RD
                underwriting purposes even though they may otherwise be acceptable to
                the CNA Recipient or another third-party lender or participant in the
                transaction being proposed.
                5. Guidance Regarding Contracting for a CNA
                 CNA Recipients are responsible for choosing the CNA Provider they
                wish to contract with, and for delivering an acceptable CNA to Rural
                Development. RD in no way guarantees the performance any Provider nor
                the acceptability of the Provider's work.
                 CNA Recipients are advised to request an information package from
                several CNA Providers and to evaluate the information before selecting
                a provider. At a minimum, the information package should include a list
                of qualifications, a list of references, a client list, and a sample
                CNA report. However, the CNA Recipient may request any additional
                information they feel necessary to
                [[Page 14448]]
                evaluate potential candidates and select a suitable provider for this
                service. Consideration for the type of CNA required should be part of
                the CNA Recipient's selection criteria and inserted into the contract
                language as well. The necessary skill set to perform the ``as-is''
                versus the Post Rehabilitation CNA or a LCCA needs to be considered
                carefully. Knowledge of the accessibility laws and standards and the
                ability to read and understand plans and specifications should also be
                among the critical skill elements to consider.
                 Attachment A, Contract Addendum must be submitted to RD with the
                contract and signed by the CNA Recipient and CNA Provider. The proposed
                agreement with the CNA Recipient and CNA Provider must meet RD's
                qualification requirements for both the provider and the CNA SOW, as
                specified in Attachment B, Capital Needs Assessment Statement of Work.
                RD must review the proposed agreement between the CNA Recipient and the
                CNA Provider, and concur only if all of the RD requirements and
                conditions are met. (See the previous Section 3 of this UL, The CNA
                Review Process.)
                 Please note: It is in the CNA Recipient's best interest to furnish
                the CNA Provider with the most current and up-to-date property
                information for a more comprehensive and thorough CNA report. RD
                recommends that the CNA Recipient conduct a pre-inspection meeting with
                the Owner, Property Manager, maintenance persons familiar with the
                property, CNA Provider, and Agency Representatives at the site. This
                meeting will allow a forum to discuss specific details about the
                property that may not be readily apparent to all parties involved
                during the review process, as well as making some physical observations
                on-site. Certain issues that may not be evident to the CNA Provider due
                to weather conditions at the time of review should also be discussed
                and included in the report. Additionally, other issues that may need to
                be addressed include environmental hazards, structural defects, and
                complex accessibility issues. It is imperative that the Agency be fully
                aware of the current physical condition of the property at the time the
                CNA is prepared. An Agency representative must make every effort to
                attend the CNA Providers on-site inspection of the property unless the
                Agency has performed a physical inspection of the property within the
                previous 12 months.
                 This pre-inspection meeting also allows the CNA Provider to discuss
                with the CNA Recipient total number of units to be inspected, as well
                as identifying any specific units that will be inspected in detail. The
                minimum number of inspected units required by the Agency for an
                acceptable CNA is 50 percent. However, inspecting a larger number of
                units generally provides more accurate information to identify the
                specific line items to be addressed over the ``term'' being covered by
                the CNA report. CNA Recipients are encouraged to negotiate with the CNA
                Provider to achieve inspection of all units whenever possible. The
                ultimate goal for the CNA Recipient and CNA Provider, as well as the
                Agency, is to produce the most accurate ``baseline or snapshot'' of
                current physical property conditions for use as a tool in projecting
                future reserve account needs.
                6. Revising an Accepted CNA During Underwriting (Applies to RD Actions)
                 During transaction underwriting and analysis, presentation of the
                information contained in the ``accepted'' CNA may need to be revised by
                RD to address financing and other programmatic issues. The loan
                underwriter and the CNA Reviewer will work together to determine if
                revisions are necessary to meet the financial and physical needs of the
                property, and established RD underwriting or servicing standards and
                principals. These may involve shifting individual repair line items
                reported in the CNA, moving work from year to year, or other
                adjustments that will improve cash flow. The revised underwriting CNA
                will be used to establish reserve funding schedules as well as
                operating budget preparation and analysis and will be maintained by RD
                as supporting documentation for the loan underwriting.
                 The initial CNA, prepared by the CNA Provider, will be maintained
                as an independent third-party record of the current condition of the
                property at the beginning of the 20-year cycle.
                 Original CNAs will be maintained in the case file, clearly marked
                as either ``Current Property Condition'' (``As-is''), ``Post
                Rehabilitation Condition'', or ``Revised Underwriting/Replacement
                Schedule'', as applicable. Note: The CNA Provider is not the
                appropriate party to ``revise'' a CNA which has already been approved
                by the CNA Recipient and concurred with by the Agency. The CNA
                Provider's independent opinion was the basis of the ``As is'' or ``Post
                Rehabilitation'' CNA. The CNA developed for underwriting may only be
                revised by RD staff during the underwriting process or as part of a
                post-closing servicing action.
                7. Updating a CNA (Applies to ``As-is'' and ``Post-Rehabilitation''
                That Have Not Been Accepted by RD)
                 A completed CNA more than a year old at the time of the RD CNA
                review and approval must be ``updated' prior to RD approval. Likewise,
                if at the time of underwriting the CNA is more than a year old (but
                less than two years old), it must be updated before the transaction can
                be approved.
                 To update a CNA, the CNA Provider must review property changes
                (repairs, improvements, or failures) that have occurred since the date
                of the original CNA site visit with the CNA Recipient, review costs and
                quantities, and submit an updated CNA for approval. However, if the
                site visit for the CNA occurred more than two years prior to the loan
                underwriting, the CNA Provider should perform a new site visit to
                verify the current project condition.
                 Once the CNA has been updated, the CNA Provider will include a
                statement noting ``This is an updated CNA of the earlier CNA dated
                ___,'' at the beginning of the CNA's Narrative section. The CNA
                Provider should reprint the CNA with a new date for the updated CNA,
                and provide a new electronic copy to the CNA Recipient and RD.
                 If the CNA age exceeds 2years at the time of the RD CNA review and
                approval, the CNA Provider will need to repeat the site visit process
                to re-evaluate the condition of the property. The original report can
                remain the basis of the findings.
                8. Incorporating a Property's Rehabilitation Into a CNA
                 A CNA provides a repair schedule for the property in its present
                condition, indicating repairs and replacements necessary for a property
                to function properly and efficiently over a span of 20 years. It is not
                an estimate of existing rehabilitation needs, or an estimate of
                rehabilitation costs. If any rehabilitation of a MFH development is
                planned as part of the proposed transaction, a rehabilitation repair
                list (also called a ``Scope of Work'') must be developed independently
                based on the CNA repair schedule. This rehabilitation repair list may
                be developed by the CNA Recipient, a project Architect, or an outside
                party (such as the CNA Provider, when qualified) hired by the CNA
                Recipient.
                 The CNA Recipient must not use repair line-item costs taken from
                the CNA to develop the rehabilitation cost estimates for the
                rehabilitation loan, as these costs will not be accurate. The repair
                costs in a CNA are based on
                [[Page 14449]]
                estimated costs for the property. Typically, these costs include the
                labor, materials, overhead and profit, but do not include applicable
                ``soft costs''. For example, for CNA purposes, the probable cost is to
                send a repairman out, remove an appliance, and put a new one in its
                place. For rehabilitation cost estimates, the CNA Recipient typically
                intends to hire a general contractor to oversee and supervise the
                rehabilitation work, which is then considered a ``soft cost''. The cost
                of rehabilitation includes the costs for that general contractor, the
                general contractor's requirements, the cost of a project Architect (if
                one is used), tenant relocation (if needed), and interim financing (if
                used), which are considered ``soft costs'' attributed to the
                rehabilitation costs for the project.
                 If a ``Post Rehabilitation'' CNA is required and authorized by RD,
                a copy of the rehabilitation repair list or SOW must be provided to the
                CNA Provider. The CNA Provider will prepare a ``Post Rehabilitation''
                CNA indicating what repairs are planned for the property in the coming
                20 years based on conditions after the rehabilitation is completed.
                Items to be replaced during rehabilitation that will need to be
                replaced again within the 20 years, such as appliances, will be
                included in the ``Post Rehabilitation'' CNA. Items that will not need
                replacement during the coming 20 years, such as a new roof, will not
                need to be calculated in the ``Post Rehabilitation'' CNA. The line item
                should not be removed from the CNA, but the cost data should be zeroed
                out. Appropriate comments should be included in the CNA report to
                acknowledge the SOW or rehabilitation/repairs that were considered.
                9. Repair and Replacement Schedule
                 A CNA is not a formal repair and replacement schedule and cannot be
                used as an exact replacement schedule. A CNA is an estimate of the
                anticipated replacement needs for the property over time, and the
                associated replacement costs. The goal of a CNA is to estimate the
                replacement times based on the Expected Useful Life (EUL) to assure
                funds are available to replace equipment as it is needed. Hopefully,
                materials will be well maintained and last longer than estimated in the
                CNA. However, the CNA cannot be used to mandate replacement times for
                the identified building components. The RD underwriter may find it
                necessary to adjust the proposed replacement schedule during the course
                of the underwriting to allow for an adequate Annual Deposit to
                Replacement Reserves (ADRR) payment that will sustain the property over
                a 20-year period and keep rents below the maximum rents that are
                allowed.
                BILLING CODE 3410-XV-P
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                Joaquin Altoro,
                Administrator, Rural Housing Service.
                [FR Doc. 2022-05252 Filed 3-14-22; 8:45 am]
                BILLING CODE 3410-XV-C
                

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