RD Instruction 2000-TT

PART 2000 - GENERAL

SUBPART TT - MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S.\
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND RURAL DEVELOPMENT, U.S.
DEPARTMENT OF AGRICULTURE,\
ESTABLISHING MULTIPLE COOPERATIVE HOUSING EFFORTS

§2000.2251 [General]{.underline}.

Rural Development has entered into a Memorandum of Understanding with
the Department of Housing and Urban Development (HUD) to establish a
framework for a continuing working relationship between the two
agencies. With the execution of the agreement, 11 areas of cooperative
effort are identified for staff coordination and program development.

A. The areas identified are exclusively related to housing. Both single
and multi-family housing programs should benefit from a stronger
cooperative effort.

B. The cooperative areas are identified in exhibits to the memorandum.
These exhibits are dated and can be deleted as the cooperative efforts
are accomplished. New exhibits can be added as new areas for cooperative
effort are identified.

C. Generally, the memorandum will be updated in the last quarter of the
fiscal year to provide direction and focus for cooperative efforts
during the following fiscal year.

D. The memorandum and its exhibits are attached as Exhibit A to this
subpart.

§§2000.2252 - 2000.2300 \[Reserved\]

Attachment: Exhibit A

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\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DISTRIBUTION: WSDC Administration

General

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RD Instruction 2000-TT

Exhibit A

Page 1

## MEMORANDUM OF UNDERSTANDING

## Between the

## U.S. Department of Housing and Urban Development

## and Rural Development of the

## U.S. Department of Agriculture

PURPOSE

This Memorandum of Understanding (MOU) establishes the framework for a
continuing working relationship between the U.S. Department of Housing
and Urban Development and Rural Development of the U.S. Department of
Agriculture to develop jointly and to implement inter-agency efforts
cooperatively in providing housing assistance to low-income households
in Rural America.

SITUATION

The Department of Housing and Urban Development administers a variety of
housing assistance programs that serve rural families and individuals as
well as those living in non-rural communities. These programs are under
various authorities, including the National Housing Act (1934), the
Housing Act of 1937, the Housing Act of 1949, and the Housing and
Community Development Act of 1974, all as amended.

Rural Development, an Agency of the U.S. Department of Agriculture,
administers programs to improve housing conditions specifically in rural
areas for very low, low-, and moderate-income families and individuals.
Financial assistance is available to eligible organizations, including
public and private nonprofit entities, and to households. The housing
programs are authorized by the Housing Act of 1949, as amended.

AGREEMENT

As detailed in the attached Exhibits, it is mutually agreed that HUD and
Rural Development will maintain an on-going working relationship among
its respective staffs to address a variety of mutual issues in providing
housing assistance to Rural America in a cooperative, cost effective,
and non-duplicative manner.

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Exhibit A

Page 2

It is the intent of both parties to have this MOU represent current and
critical areas of concern for both Agencies. Therefore, it is further
agreed that, on the anniversary date of this Agreement, HUD and Rural
Development will review the attached Exhibits, adding new issues to be
addressed, modifying existing Exhibits on continuing issues if
necessary, and deleting Exhibits on accomplished activities.

/s/

JACK KEMP

Secretary

U.S. Department of Housing and Urban Development

/s/

LA VERNE AUSMAN

Administrator

Farmers Home Administration

U.S. Department of Agriculture

RD Instruction 2000-TT

Exhibit A

Page 3

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING 

## 

## EXHIBIT A

DATE: August 23, 1991

I. Issue:

Resolve policy differences between HUD and Rural Development that impact
the management and servicing of Section 515/Section 8 assisted housing.

II\. Objective of Coordinated Activities:

Review policy requirements that adversely impact on housing sponsors and
recommend solutions.

Review policy requirements that adversely impact on tenants in Section
515/Section 8 assisted housing and recommend solutions.

Establish a review process to resolve future policy differences.

Establish a system to preview proposed regulations that impact existing
Section 515/Section 8 projects.

III\. Joint Tasks Proposed to Accomplish Objectives:

Develop a list of policy differences needing review and prioritize based
on impact and complexity.

Establish a work group to: 1) conduct the reviews,\
2) establish a timetable for each issue based on complexity, 3) identify
possible solutions or recommended options and 4) recommend a method for
implementing.

Develop a process to resolve future policy differences and to discuss
the program impact of legislative and/or proposed regulatory changes.

IV\. Projected Timetable:

Date to Be

[Task]{.underline} [Completed]{.underline}

Develop list of issues. Completed 5/91

Initial work group meeting. Completed 6/91

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Exhibit A

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MOU-Exhibit A

Subsequent work group meetings. As needed

Document the final resolution As they are

of each policy issue. resolved

V. Process for Monitoring/Follow-up:

Rural Development will assume monitoring responsibility for timetable.

VI\. Principal Staff Responsible:

Name Unit Number

For HUD:Donald A. Kaplan MF Mtgmt 708-3730

James J. Tahash Planning 708-3944

For Rural Development:

Thomas F. Gerlitz MF Mtgmt 720-1599

James D. Tucker Management 720-1618

Carl Grate Servicing 720-1615

RD Instruction 2000-TT

Exhibit A

Page 5

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING 

## EXHIBIT B

DATE: August 23, 1991

I. Issue:

Compliance with legislated and regulatory mandates which require joint
Departmental actions.

II\. Objective of Coordinated Activities:

Each party will identify any existing mandates, related to housing
management activities, which they feel requires joint action.

Establish a process to evaluate the impact of future mandates.

III\. Joint Tasks Proposed to Accomplish Objectives:

Develop a list of any existing mandates that are not uniform.

Establish a work group to: 1) conduct the reviews,\
2) establish a timetable for each issue based on complexity, 3) identify
possible solutions or recommended options and 4) recommend a method for
implementing.

Each party will be responsible for reviewing legislative and/or
regulatory policy changes in their program areas, advise the other party
of possible impacts and provide them with an opportunity to comment on
the change.

Meet as needed to develop possible solutions or recommended options when
impact or complexity of the issue dictates.

IV\. Projected Timetable:

Date to Be

[Task]{.underline} [Completed]{.underline}\_

Develop list of mandates. Completed 5/91

Initial work group meeting. Completed 6/91

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RD Instruction 2000-TT

Exhibit A

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MOU-Exhibit B

Subsequent work group meetings. As needed

Document the final resolution As they are

of each policy issue. resolved

V. Process for Monitoring/Follow-up:

Rural Development will assume monitoring responsibility for timetable.

VI\. Principal Staff Responsible:

Name Unit Number

For HUD:Donald A. Kaplan MF Mtgmt 708-3730

James J. Tahash Planning 708-3944

For Rural Development:

Thomas F. Gerlitz MF Mtgmt 720-1599

James D. Tucker Management 720-1618

Carl Grate Servicing 720-1615

RD Instruction 2000-TT

Exhibit A

Page 7

## MEMORANDUM OF UNDERSTANDING

## EXHIBIT C

DATE: August 23, 1991

I. Issue:

Release of Junior Liens on HUD/Rural Development joint security.

II\. Objective of Coordinated Activities:

To permit orderly and timely liquidation by obtaining release of
valueless or partially secured junior liens held by one agency when the
other forecloses a prior lien or accepts a deed in lieu of foreclosure.

III\. Tasks Proposed to Accomplish Objectives:

Draft MOU as part of \"umbrella\" HUD - Rural Development MOU.

Handle settlement of liens at the Washington, D. C. level as the need
arises.

IV\. Projected Timetable:

[Task]{.underline} [Completion Date]{.underline}

1\. Draft of Exhibit by Rural Development April 1, 1991

2\. HUD Review of August 30, 1991

Draft Exhibit

3\. Rural Development to notify Field Within 45 days after

Staffs by Exhibit MOU is executed

to RD Ins. 1955-A

4\. HUD to notify Field Within 45 days after

Staffs MOU is executed

V. Process for Monitoring/Follow-up:

As liquidation cases involving joint liens arise, staffs identified in
Section VI of this Exhibit shall effect release of liens. The following
documentation will be provided to the junior lienholder:

1\. Copy of Agency\'s mortgage.

2\. Copy of the deed transferring ownership to the Agency.

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RD Instruction 2000-TT

Exhibit A

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MOU-Exhibit C

3\. A title opinion indicating the Agency held a valid first-\
lien position.

4\. Copy of a current appraisal.

V. Process for Monitoring/Follow-up (cont.):

[For Valueless liens]{.underline}: Within 30 days after receipt of a
request and the above documentation, the Agency holding a valueless
junior lien will prepare and execute the release and deliver it to the
first lienholder, who will be responsible for recording the release.

[For Partially secured liens]{.underline}: In cases where the junior
lien is partially secured and the senior lienholder forecloses, the
junior lienholder agrees to be named in the suit, allowing proceeds to
be distributed by lien priority. When a deed in lieu of foreclosure is
accepted by the senior lienholder, HUD and Rural Development officials
identified in Section VI will negotiate a settlement amount to effect
release of a partially secured junior lien, as outlined under
\"Valueless liens\" above.

VI\. Principal Staff Responsible:

Name Title Unit Phone number

For Rural Development:

Frances B. Calhoun Director SFH/SPM 720-1452

For HUD:

Paulette Porche\' Director TIASD 708-0540

RD Instruction 2000-TT

Exhibit A

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## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MOU)

## EXHIBIT D

DATE: August 23, 1991

I. Issue:

Market Impact.

II\. Objective of Coordinated Activities:

Better coordination between HUD and Rural Development in understanding
market impact to preclude duplication of resources in the same market
area and preclude adversely affecting existing or authorized projects of
the sister Agency in the same market area.

Foster communications between the Agencies to improve knowledge of
markets.

III\. Tasks Proposed to Accomplish Objectives:

Jointly draft MOU as part of \"umbrella\" HUD-Rural Development MOU.

IV\. Projected Timetable:

Responsible Proposed

[Task]{.underline} [Agency]{.underline} [Completion Date]{.underline}

AN to Rural Development field Rural Development Completed 6/12/91

Directive to HUD field HUD September 1, 1991

Proposed rule to

implement Rural Development

reg changes Rural Development September 1, 1991

Final rule to

implement Rural Development

reg changes Rural Development March 1, 1992

V. Process for Monitoring/Follow-up:

Rural Development MFH/PD Division will be responsible for meeting Rural
Development timetable.

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RD Instruction 2000-TT

Exhibit A

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MOU-Exhibit D

VI\. Principal Staff Responsible:

Name Title Unit Phone No.

For HUD:

David Shenk Director EMAD 708-0577

For Rural Development:

Obediah G. Baker, Jr. Director MFH/PD 720-1604

David J. Villano Branch Chief MFH/PD 720-1608

Gail Z. McCowan Specialist MFH/PD 720-1608

RD Instruction 2000-TT

Exhibit A

Page 11

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MOU)

## EXHIBIT E

DATE: August 23, 1991

I. Issue:

Coordinate the implementation and monitoring efforts of

the Rural Development and HUD regarding the Handicap Accessibility.

II\. Objective of Coordinated Activities:

Achieve better coordination between HUD and Rural Development in

their efforts to monitor the provisions of the Handicap

Accessibility Standards.

III\. Tasks Proposed to Accomplish Objectives:

Prompt a mutual exchange of information by having

Headquarters staff, i.e., Architects, Loan Officers,

and Engineers, of both Agencies attend training and

orientation sessions sponsored by the respective

Agencies.

Jointly develop MOU to address Technical Assistance,

Compliance Procedures and handling of Complaints and

Compliance Activities.

IV\. Projected Timetable:

Proposed

[Task]{.underline} [Completion Date]{.underline}

Scheduled Orientation September 15, 1991

Training of HUD and Rural Development staff November 15, 1991

MOU for Technical Assistance and November 15, 1991

compliance issues.

V. Process for Monitoring/Follow-up:

Rural Development MFH/PD and HUD responsible for meeting timetable.

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Exhibit A

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MOU-Exhibit E

VI\. Principal Staff Responsible:

Name Title Unit Phone No.

For HUD:

Merle Morrow Attorney Advisor FHEO 708-2618

to DAS/EC

Jacelyn Shelton Director FHESec3 708-0836

For Rural Development:

Obediah G. Baker, Jr. Director MFH/PD 720-1604

David J. Villano Branch Chief MFH/PD 720-1608

Rebecca Johnson Specialist MFH/PD 382-1608

Carlton Lewis Branch Chief EEO 245-5530

RD Instruction 2000-TT

Exhibit A

Page 13

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MOU)

## EXHIBIT F

DATE: August 23, 1991

I. Issue:

Coordination of Cost Certification and Cost Containment

Techniques:

II\. Objective of Coordinated Activities:

Achieve better coordination between HUD and Rural Development in
understanding the cost certification and cost containment process and
techniques of the two Agencies.

III\. Tasks Proposed to Accomplish Objectives:

Prompt a mutual exchange of policy information by having HUD and Rural
Development Headquarters staff, i.e., Architects, Loan Officers, and
Engineers, of both Agencies attend training and orientation sessions
sponsored by the respective Agencies.

IV\. Projected Timetable:

Task Proposed

Completion Date Scheduled Orientation/Training

Session for HUD and Rural Development technical September 15, 1991

support, program support and multi-

family housing program personnel.

V. Process for Monitoring/Follow-up:

Rural Development MFH/PD responsible for meeting timetable.

VI\. Principal Staff Responsible:

Name Title Unit Phone No.

For HUD:

Howard Mayfield Director TSP 708-0035

For Rural Development:

Obediah G. Baker, Jr. Director MFH/PD 720-1604

David J. Villano Branch Chief MFH/PD 720-1608

Gail McCowan Specialist MFH/PD 720-1608

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RD Instruction 2000-TT

Exhibit A

Page 14

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MOU)

## EXHIBIT G

DATE: August 23, 1991

I. Issue:

Access HUD revised Congregate Services Program

II\. Objective of Coordinated Activities:

Develop cooperative regulation or Agreement with HUD

for use in implementing the Congregate Services Program

III\. Tasks Proposed to Accomplish Objectives, respectively:

A. Develop regulation HUD and Rural Development

B. Provide guidance to field HUD and Rural Development

staff as needed

IV\. Projected Timetable:

[Task]{.underline} Proposed

[Completion Date]{.underline}

A. Regulation/Agreement August 30, 1991

Formulation

B. Training and Guidance September 20, 1991

to Field Offices

V. Process for Monitoring/Follow-up respective tasks:

A. Monthly coordination

B. Review with HUD and exchange comments on the

proposed regulation or Agreement.

VI\. Principal Staff Responsible:

Name Title Unit Phone No.

For HUD:

Jerry Nachison Branch Chief HMAH 708-3291

For Rural Development:

Obediah G. Baker, Jr. Director MFH/PD 720-1604

John Pentecost Branch Chief MFH/PD 720-1606

Sue Harris Specialist MFH/PD 720-1606

RD Instruction 2000-TT

Exhibit A

Page 15

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING 

## EXHIBIT H

DATE: August 23, 1991

I. Issue:

Addressing and preventing homelessness in rural areas.

II\. Objectives of Coordinated Activities:

A. Enhance understanding of rural homelessness and methods for
preventing it.

B. Coordinate management and financing approaches for providing housing
and supportive services for homeless.

C. Use established Agency policy goal of 3 percent of Rural Development
Section 502 non-program inventory housing for transitional shelter for
homeless.

III\. Tasks Proposed to Accomplish Objectives, respectively:

A. Share methodology for counting the homeless, jointly define
\"homeless\", utilize HUD\'s contract with the Housing Assistance
Council to study the delivery of McKinney Act, other Federal, State and
local programs for the rural homeless.

B. Share relevant regulations and approaches, make inventory of housing
resources and services, including use of vacant Rural
Development-financed rental units.

C. With AN to Rural Development field staff and by coordination with
HUD, Rural Development to promote use of existing non-program housing
inventory that would be available for lease or sale for homeless. Work
jointly to identify and overcome barriers to use of such units for
transitional housing.

IV\. Projected Timetable:

Date to Be

Task Completed

A.On Homeless Study Ongoing through

December 1991

B.On Management and

Financing Approaches September 1, 1991

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RD Instruction 2000-TT

Exhibit A

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MOU-Exhibit H

C.On Use of Non-program Ongoing

Inventory, plus AN to Rural Development AN by 9/15/91

field staff for FY 92

V. Process for Monitoring/Follow-up respective tasks:

A. Monthly coordination

B. Initial meeting, then later HUD review and comment on Rural
Development\
proposed regulations.

C. Semi-annually, provide HUD a list of non-program properties by\
State.

VI\. Principal Staff Responsible:

Name Title Unit Phone No.

For HUD:

Jim Forsberg Director CPD/SNAP 708-3291

Bill Molster CPD/SNAP 708-1234

Mike Roanhouse CPD/SNAP 708-1234

For Rural Development:

John Pentecost Branch Chief MFH/PD 720-1606

Tom Sanders Specialist MFH/PD 720-1606

Amy Donahue Program Analyst P&E/PAS 703 756-6420

Reed Petersen Branch Chief SFSPM 720-1452

RD Instruction 2000-TT

Exhibit A

Page 17

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING 

## EXHIBIT I

DATE: August 23, 1991

I. Issue:

Communication on Loan Limits and Approved Lenders (mortgagees).

II\. Objective of Coordinated Activities:

Share information on HUD loan limits and housing sales prices with Rural
Development.

Share information on approved lenders and removal of lenders from list.

III\. Tasks Proposed to Accomplish Objectives:

HUD will send copies of new/revised list of loan limits to Rural
Development as they are published in the Federal Register.

HUD will verify lender approval to Rural Development by telephone
initially. Develop jointly a method for long-term information between
HUD Regional Offices and Rural Development State Offices.

IV\. Projected Timetable:

Date to Be

Task Completed

Copies of new/revised loan limits As revisions are completed

Lender Approval List As needed

Method for long-term communication 10/01/91

V. Process for Monitoring/Follow-up:

SFHPD to track progress.

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RD Instruction 2000-TT

Exhibit A

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VI\. Principal Staff Responsible:

Name Title Unit Number

For HUD:

Morris (Bud) Carter Director HSID 708-2700

Bill Heyman Director HSL 708-1824

Parker Deal Director HSLM 708-2830

For Rural Development:

Larry Hammond Director SFHPD 720-1474

Jim Craun Branch Chief SFHPD 720-1474

RD Instruction 2000-TT

Exhibit A

Page 19

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING 

## EXHIBIT J

DATE: August 23, 1991

I. Issue:

Coordinate HUD and Rural Development efforts to meet goals of Paper Work
Reduction Act as it regards assisted housing programs.

II\. Objective of Coordinated Activities:

Jointly develop a uniform residential loan application to be used for
all housing assistance loan applications.

Identify other common-use single family housing loan origination forms
that can be used Nationwide by each Agency.

III\. Tasks Proposed to Accomplish Objectives:

Rural Development to join in government-wide effort to implement
\"Uniform Residential Loan Application\" (URLA).

Work with HUD to identify other common-use forms.

IV\. Projected Timetable:

Date to Be

Task Completed

Rural Development to review URLA-submit comments

to HUD 8/31/91

HUD, Rural Development, VA, FNMA and Freddie MAC

to implement use URLA 9/15/91

Joint effort to identify other forms ongoing

V. Process for Monitoring/Follow-up:

N/A

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Exhibit A

Page 20

VI\. Principal Staff Responsible:

Name Title Unit Number

For HUD:

Morris (Bud) Carter Director HSID 708-2700

For Rural Development:

Larry Hammond Director SFHPD 720-1474

Jim Craun Branch ChiefSFHPD 720-1474

RD Instruction 2000-TT

Exhibit A

Page 21

## HUD -- RURAL DEVELOPMENT MEMORANDUM OF UNDERSTANDING

## EXHIBIT K

DATE: October 16, 1991

I. Issue:

Rural Development Single Family Housing (SFH) inventory properties used
in the HUD HOPE 3 program.

II\. Objective of Coordinated Activities:

Rural Development acquires SFH properties in inventory as a result of
its loan program. Inventory properties suitable for Rural Development
program applicants are repaired and sold, preferably to program
applicants on program terms. Nonprogram properties are broom cleaned and
sold for cash or on nonprogram terms.

HUD, through the HOPE 3 program, provides homeownership opportunities
for low income families and individuals (Participants) by providing
grantees (Grantees) with Federal assistance to initially acquire and
rehabilitate government owned properties from government agencies and
sell them to Participants at affordable prices, after making needed
repairs. Alternatively, Grantees can facilitate direct acquisition and
repair of housing by Participants by providing financing, funds for down
payments, repairs and/or subsidized interest rates.

Rural Development and HUD cooperate and coordinate the use of Rural
Development inventory properties for the benefit of Participants.

III\. Tasks Proposed to Accomplish Objectives:

1\. Upon request, Rural Development will provide to Grantees lists of
all SFH properties in inventory in the areas of interest.

2\. Grantees may submit to Rural Development, for themselves or a
Participant, a written offer for a property to be closed within 30 days.

3\. Whether or not the property was listed for sale, Rural Development
may sell and will give preference to offers from Grantees and
Participants for inventory sales. If Rural Development contracts for
repairs have not been awarded, repairs will not be made, except for
decent, safe and sanitary (DSS) requirements.

4\. If Rural Development has listed the property for sale, the listing
will be withdrawn when the written offer from a

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RD Instruction 2000-TT

Exhibit A

Page 22

Participant or Grantee is received by Rural Development. Rural
Development will not pay a sales commission for properties sold to
Participants or Grantees.

5\. Rural Development will repair NP properties not meeting Rural
Development DSS requirements to remove the decent, safe and sanitary
problem(s) if the value of the property increases more than the cost of
repairs. Otherwise, Rural Development will sell NP properties with the
DSS clause. Grantees are responsible for meeting DSS conditions and
having the DSS clause removed from the deed before Participants occupy
the dwelling.

6\. Rural Development will sell properties to Grantees or Participants
with a 10 percent price discount from current market value or the listed
price, which ever is less.

7\. Rural Development may sell program properties to Grantees or
Participants with Rural Development program financing or for cash. Rural
Development may sell nonprogram properties to Grantees or Participants
with Rural Development nonprogram financing or for cash. The buyer must
meet all other Rural Development eligibility requirements.

8\. Rural Development will close the sale within 30 days. If Grantee or
Participant cannot close within 30 days, Rural Development will reject
the offer.

IV\. Projected Timetable:

[Task]{.underline} [Completion Date]{.underline}

1\. Draft Exhibit by Rural Development October 16, 1991

2\. HUD Review Draft Exhibit November 1, 1991

3\. Rural Development notice in Federal Register Within 30 days after

MOU is executed

4\. Rural Development notify Fields Staffs Within 45 Days after

MOU is executed

5\. HUD notify Field Staffs Within 45 days after

MOU is executed

V. Process for Monitoring/Follow-up:

Rural Development and HUD responsible for meeting the timetable.
Periodic reviews an contacts between Rural Development and HUD will
assess the progress of this cooperative effort.

RD Instruction 2000-TT

Exhibit A

Page 23

VI\. Principal Staff Responsible:

Name Title/Unit Number

For Rural Development:

Frances B. Calhoun Division Director, SFH/SPM 720-1452

Reed J. Petersen Branch Chief, SFH/SPM 720-1452

For HUD:

Marcia Dodge Deputy Director, CPD/OUR 708-2685

John Garrity Director, HOPE 3 708-0324

## oOo

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