Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76091 

this proposal. Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

Start Printed Page 15501PRAMain. Find 

this particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, QDAM, Department of Housing 

and Urban Development, 451 7th Street, 

SW, Washington, DC 20410; email 

Colette Pollard at Colette.Pollard@

hud.gov or telephone 202–402–3400. 

Persons with hearing or speech 

impairments may access this number 

through TTY by calling the toll-free 

Federal Relay Service at (800) 877–8339. 

This is not a toll-free number. Copies of 

available documents submitted to OMB 

may be obtained from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD has 

submitted to OMB a request for 

approval of the information collection 

described in Section A. The Federal 

Register notice that solicited public 

comment on the information collection 

for a period of 60 days was published 

on September 4, 2020 at 85 FR 55312. 

A. Overview of Information Collection 

Title of Information Collection: 

Exigent Health and Safety Deficiency 

Correction Certification. 

OMB Approval Number: 2577–0241. 

Type of Request: Extension of 

currently approved collection. 

Form Number: N/A. 

Description of the need for the 

information and proposed use: HUD’s 

Uniform Physical Condition Standards 

(UPCS) regulation (24 CFR part 5, 

subpart G) provides that HUD housing 

must be decent, safe, sanitary, and in 

good repair. The UPCS regulation also 

provides that all area and components 

of the housing must be free of health 

and safety hazards. HUD conducts 

physical inspections of the HUD 

housing to compliance with the UPCS 

standards. Pursuant to the UPCS 

inspection protocol, at the end of the 

inspection (or at the end of each day of 

a multi-day inspection) the inspector 

provides the property representative 

with a copy of the ‘‘Notification of 

Exigent and Fire Safety Hazards 

Observed’’ form. Each exigent health 

and safety (EHS) deficiency that the 

inspector observed that day is listed on 

the form. The property representative 

signs the form acknowledging receipt. 

PHAs are to correct/remedy/act abate all 

EHS deficiencies within 24 hours. Using 

the electronic format, PHAs are to notify 

HUD within three business days of the 

date of inspection—the date the PHA 

was provided notice of these 

deficiencies—that the deficiencies were 

corrected/remedied/acted on to abate 

within the prescribed time frames (per 

24 CFR part 902). 

Respondents: Public Housing 

Agencies. 

Estimated Number of Respondents: 

976. 

Estimated Number of Responses: 976. 

Frequency of Response: Once per 

year. 

Average Hours per Response: 0.3333. 

Total Estimated Burdens: 325.30. 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Ways to minimize 

the burden of the collection of 

information on those who are to 

respond; including through the use of 

appropriate automated collection 

techniques or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

(5) ways to minimize the burden of 

the collection of information on those 

who are to respond, including the use 

of automated collection techniques or 

other forms of information technology. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority: Section 3507 of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. Chapter 35. 

Colette Pollard, 

Department Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2020–26243 Filed 11–25–20; 8:45 am] 

BILLING CODE 4210–67–P 

HOUSING AND URBAN 

DEVELOPMENT 

[Docket No FR–6178–D–02]] 

Delegations of Authority for the Office 

of Housing—Federal Housing 

Administration (FHA); Redelegations 

of Authority Regarding Multifamily 

Housing Programs 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice of revocation and 

redelegation of authority. 

SUMMARY: On June 20, 2012, the 

Assistant Secretary for Housing— 

Federal Housing Commissioner 

published comprehensive redelegations 

of authority for the Office of Multifamily 

Housing Programs. Today’s notice of 

redelegations of authority updates and 

amends the notice that was published 

on June 20, 2012. This notice reflects 

changes that have been made to the 

redelegations of authority regarding 

multifamily housing programs since the 

June 2012 Delegations. In general, these 

changes reflect the Multifamily for 

Tomorrow (MFT) Transformation, 

which has: Transitioned existing 

Multifamily Hubs and Program Centers 

into five (5) Multifamily Regional 

Centers and seven (7) Multifamily 

Satellite Offices. In addition, the MFT 

Transformation reorganized HUD 

Headquarters offices to expand the 

Office of Affordable Housing 

Preservation and rename it as the Office 

of Recapitalization; rename the Office of 

Multifamily Development as the Office 

of Multifamily Production; create a new 

Office of Field Support and Operations; 

and expand the Office of Asset 

Management to incorporate the Office of 

Housing Assistance and Grants 

Administration and the Office of 

Housing Assistance Contract 

Administration Oversight, and rename 

the expanded office the Office of Asset 

Management and Portfolio Oversight. 

DATES: November 23, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey D. Little, Associate Deputy 

Assistant Secretary for Office of 

Multifamily Housing Programs, Office of 

Housing, U.S. Department of Housing 

and Urban Development, 451 Seventh 

Street SW, Room 6112, Washington, DC 

20410–8000, telephone 202–402–5647. 

(This is not a toll-free number). Persons 

with hearing or speech impairments 

may access this number through TTY by 

calling the Federal Relay Service 

number at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 


jbell on DSKJLSW7X2PROD with NOTICES
76092 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

Section I. Multifamily Housing 

Programs: Office of Housing 

Organization 

A. Office of Multifamily Housing 

Programs—Headquarters 

In general, all Headquarters and field 

managers and staff of the Office of 

Multifamily Housing Programs report to 

the Deputy Assistant Secretary for 

Multifamily Housing Programs. In 

Headquarters, there are now four (4) 

major Multifamily Housing program 

offices. These offices and a general 

description of each appear below. 

1. Office of Multifamily Production 

The Office of Multifamily Production 

develops and implements policies and 

guidelines for the loan origination 

aspects of Federal Housing 

Administration (FHA) multifamily 

housing mortgage insurance programs 

from pre-application to final 

endorsement of the mortgage note. The 

Office is responsible for Traditional 

Application Processing (TAP), 

Multifamily Accelerated Processing 

(MAP), and Section 542 Risk-Sharing 

mortgage insurance policies and 

procedures. The Office of Multifamily 

Production staff provides technical 

guidance to the HUD/FHA multifamily 

housing field staff, the industry, and 

other Headquarters offices. The Office is 

headed by a Director and a Deputy 

Director. 

2. Office of Asset Management and 

Portfolio Oversight 

The Office of Asset Management and 

Portfolio Oversight (OAMPO), which 

was formed from the merger of the 

Office of Asset Management, the Office 

of Housing Assistance and Grant 

Administration, and the Office of 

Housing Assistance Contract 

Administration Oversight, is primarily 

responsible for strategic planning, 

guidance, lender approval, and lender 

monitoring, and oversight of HUD’s 

multifamily housing portfolio of project 

assets after final endorsement of the 

mortgage note and upon occupancy. The 

Office is headed by a Director and a 

Deputy Director. 

a. Asset Management Functions 

OAMPO develops policy for, and 

oversees, field office asset management 

operations. OAMPO is responsible for 

oversight of regulated property 

ownership and management, routine 

mortgage servicing, default servicing, 

partial payment of claims, acquisition 

and/or disposition of loans and 

properties, lender approval and 

monitoring, the Flexible Subsidy 

Program, and management of properties 

where the Secretary is the owner (as a 

result of default and foreclosure) or 

mortgagee-in-possession. OAMPO 

serves as Multifamily Housing’s liaison 

with the Real Estate Assessment Center 

(REAC) and the Departmental 

Enforcement Center (DEC). In addition, 

OAMPO oversees field office and lender 

servicing activities for HUD-assisted and 

HUD-insured properties. By means of 

the Property Disposition Division in 

Fort Worth, OAMPO oversees and 

implements HUD’s property disposition 

efforts through the foreclosure sale 

process, property management, 

relocation of tenants, and sale of HUDowned properties. With respect to the 

disposition of properties under the 

originating authorities of the Office of 

Healthcare Programs, the Property 

Disposition Division will follow policies 

and procedures as may be established in 

guidance developed by the Office of 

Housing describing specific actions 

between the Office of Healthcare 

Programs and the Office of Multifamily 

Housing. The two offices must work 

together to decide which office is 

responsible for a particular function 

associated with such dispositions. 

b. Housing Assistance and Grant 

Administration Functions 

Additionally, OAMPO is responsible 

for directing and overseeing housing 

assistance programs and housing 

production and development functions 

administered by the Office of 

Multifamily Housing Programs. 

OAMPO’s programs include post-award 

implementation of project-based Section 

8 housing assistance, Section 202 and 

Section 811 programs, the Emergency 

Capital Repair Grants program, Service 

Coordinators in Multifamily Housing 

Programs, the Assisted Living 

Conversion program, and Congregate 

Housing Services programs. OAMPO is 

also involved with other project-based 

assistance programs, including Rent 

Supplement, Rental Assistance 

Payments, Section 236 Rental 

Assistance Payments, Project Rental 

Assistance Contracts, and Senior 

Preservation Rental Assistance 

Contracts. In addition, the Office 

provides occupancy policy guidance 

and supports the Rental Housing 

Integrity Improvement Initiative and 

Enterprise Income Verification in 

connection with HUD efforts to reduce 

improper payments. With respect to 

competitive grant programs, OAMPO is 

solely responsible for Section 811 

programs, the Emergency Capital Repair 

Grants program, Service Coordinators in 

Multifamily Housing Programs, with the 

exception of grants under Section 514, 

the Assisted Living Conversion 

program, and Congregate Housing 

Services programs. OAMPO is jointly 

responsible for competitive grant 

programs with respect to Section 202 

and Section 514 programs, as such 

activities may be allocated among 

offices by the Deputy Assistant 

Secretary. 

c. Housing Assistance Contract 

Administration Oversight Functions 

Furthermore, OAMPO is responsible 

for policies, procedures, guidelines, 

performance assessment, and technical 

and general compliance under the terms 

of the respective Annual Contributions 

Contracts for Section 8 Contract 

Administrators (CAs). This Section 8 

contract administration oversight 

ensures that properties continue to meet 

the Department’s standards for 

providing decent, safe, and sanitary 

housing to low-income families. 

Additionally, OAMPO is responsible for 

assuring that the Department meets its 

financial obligations to owners, as 

specified in the various subsidy 

contracts, by ensuring availability of 

subsidy payments and overseeing 

ongoing funding of project-based 

assistance contracts. 

3. Office of Recapitalization 

The Office of Recapitalization was 

originally established within the Office 

of Multifamily Housing Programs as the 

Office of Affordable Housing 

Preservation (OAHP), which primarily 

administered the Mark-to-Market 

Program. OAHP was renamed the Office 

of Recapitalization (Recap) and 

expanded as part of the MFT 

Transformation to process financial 

transactions that recapitalize and 

preserve federally-assisted affordable 

housing units and thus ensure long-term 

physical and financial viability. Recap 

is responsible for developing policies 

and procedures and providing oversight 

for the programs administered by Recap. 

Recap is involved with project-based 

assistance programs, including 

converting Public Housing projects to 

the Section 8 platform via the Rental 

Assistance Demonstration (RAD), 

Section 8 Project Based Rental 

Assistance, Rent Supplement, Rental 

Assistance Payments, Section 236 

Rental Assistance Payments, Project 

Rental Assistance Contracts, and Senior 

Preservation Rental Assistance 

Contracts. Recap is jointly responsible 

for competitive grant programs with 

respect to Section 202 and Section 514 

programs, as such activities may be 

allocated among the offices by the 

Deputy Assistant Secretary. The 

programs administered by Recap are 

described in Section II.D, 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76093 

Recapitalization, below. The Office is 

headed by a Director and a Deputy 

Director. Other leadership of the Office 

includes the Director of the Affordable 

Housing Transaction Division, the 

Director of the Closing and Post-Closing 

Division, the Director of the 

Recapitalization Program 

Administration Office (Division), and 

subordinate branch chiefs. 

Redelegations of authority to the 

Director and Deputy Director of the 

Office of Recapitalization and other 

Office of Recapitalization officials are 

set forth in Section IV of this notice. 

4. Office of Field Support and 

Operations 

The Office of Field Support and 

Operations (OFSO) is a new office 

created from the MFT Transformation. 

OFSO is responsible for the field 

management and operations of 

multifamily programs in the five 

Regional Centers (Atlanta, Chicago, Fort 

Worth, New York, and San Francisco), 

and seven Satellite Offices (collectively 

‘‘the field’’). The office provides 

oversight and direction at the field level 

in the execution of Multifamily goals as 

well as other departmental goals and 

initiatives. 

B. Office of Multifamily Housing 

Programs—Field Office Structure 

The new field office organization now 

consists of twelve (12) offices, including 

five (5) Regional Centers and seven (7) 

Satellite Offices. 

The highest-ranking official in a 

Regional Center is the Regional Director. 

The immediate deputies of the Regional 

Director are the Production Division 

Director, Asset Management Division 

Directors, and the Operations Officer in 

the Regional Center and in the region’s 

Satellite Office(s), the Satellite Office 

Asset Management Division Director/ 

Satellite Office Coordinator. The 

Satellite Office Asset Management 

Division Director/Satellite Office 

Coordinator is both an Asset 

Management Division Director and the 

head of that Satellite Office. The chart 

below identifies each Regional Center, 

the Satellite Office(s) that report to it, 

and the geographic area served by the 

Regional Center and its respective 

Satellite Office(s). The MFT 

Transformation also includes initiatives 

that require Multifamily Housing 

Programs staff to perform duties outside 

their geographic jurisdictions identified 

in the chart below (‘‘Workload 

Sharing’’). 

MULTIFAMILY HOUSING PROGRAMS REGIONAL STRUCTURE 

Regional center Satellite office(s) Geographic area serviced 

Atlanta ............................. Jacksonville .................... HUD Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee, Virgin Islands. 

Chicago ........................... Detroit, Minneapolis ....... HUD Region V: Ohio, Illinois, Indiana, Michigan, Minnesota, Wisconsin. 

Fort Worth ....................... Kansas City .................... HUD Regions VI and VII: Arkansas, Iowa, Kansas, Louisiana, Missouri, Nebraska, New 

Mexico, Oklahoma, Texas. 

New York City ................. Boston, Baltimore .......... HUD Regions I, II, and III: Connecticut, Delaware, District of Columbia, Maine, Maryland, 

Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 

Vermont, Virginia, West Virginia. 

San Francisco ................. Denver ........................... HUD Regions VIII, IX, and X: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming. 

In summary, certain Multifamily 

Housing Programs officials in Regional 

Centers, Satellite Offices, and 

Headquarters, acting within the scope of 

their redelegated authorities and 

applicable law, have independent 

authority, through the delegation 

process, to make binding decisions on 

behalf of the Department. Production 

Division Directors, Asset Management 

Division Directors, and Satellite Office 

Asset Management Division Directors/ 

Satellite Office Coordinators report to 

Regional Directors. 

Section II. Multifamily Housing 

Programs—Functions 

The Office of Multifamily Housing 

Programs is charged with carrying out 

duties on behalf of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, Chief of Staff for 

Housing, General Deputy Assistant 

Secretary for Housing, and Associate 

General Deputy Assistant Secretary for 

Housing as they relate to multifamily 

programs set forth in HUD’s governing 

legislation, as described in the 

Consolidated Delegation of Authority 

for the Office of Housing—Federal 

Housing Administration (FHA). This 

broad range of programs enables HUD, 

in concert with the private and public 

sectors, to provide safe, decent, and 

affordable multifamily housing to 

millions of American families. The 

programs include mortgage insurance, 

rental assistance programs, and 

programs to improve and preserve 

affordable housing. Under this 

delegation, the Assistant Secretary for 

Housing—Federal Housing 

Commissioner, Chief of Staff for 

Housing, General Deputy Assistant 

Secretary for Housing, and Associate 

General Deputy Assistant Secretary for 

Housing redelegate broad program 

authority to the Deputy Assistant 

Secretary for Multifamily Housing 

Programs and to particular Multifamily 

Housing Programs officials in 

Headquarters and the field. 

Characterizing the authority that is 

being redelegated in broad or general 

terms in this Section II will enable the 

Deputy Assistant Secretary for 

Multifamily Housing Programs, 

Associate Deputy Assistant Secretary for 

Multifamily Housing Programs, and 

Multifamily Housing Program Office 

Directors to perform all functions 

necessary to accomplish Multifamily 

Housing Programs tasks and objectives. 

Section II of this delegation sets forth 

functions in general terms, while the 

preamble provides insights into the 

nature of the work performed by 

officials with delegated authority under 

each category. The basic multifamily 

housing functions and a brief 

description of each are as follows: 

A. General Authority 

This authority allows certain officials 

in the Office of Multifamily Housing 

Programs, designated in this notice, to 

sign any and all documents necessary to 

carry out business within their program 

and geographic jurisdictions, except for 

any authorities retained exclusively by 

the Assistant Secretary for Housing— 

Federal Housing Commissioner, Chief of 

Staff for Housing, General Deputy 

Assistant Secretary for Housing, and 

Associate General Deputy Assistant 

Secretary for Housing, as described in 

the Consolidated Delegation of 

Authority for the Office of Housing— 

Federal Housing Administration (FHA). 

Designated field officials and their staffs 

are authorized to engage in Workload 

Sharing across regional lines when their 


jbell on DSKJLSW7X2PROD with NOTICES
76094 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

staffs are performing production and/or 

asset management/portfolio oversight 

functions that are otherwise consistent 

with limitations established in these 

redelegations. In addition, this authority 

allows such officials, when considering 

a proposal, to waive, for good cause and 

with written justification, any directives 

that are not mandated by statute or 

regulation or reserved to Headquarters. 

B. Multifamily Production 

This authority allows an official with 

delegated authority to make all 

necessary determinations that relate to 

the FHA-insured mortgage underwriting 

process and the risk-sharing programs, 

except as may be limited by internal 

controls. Essentially, this category of 

authority begins with a pre-application 

or application for mortgage insurance 

and ends with the Department’s 

endorsement of an insured mortgage 

and related documentation. For all 

mortgage insurance programs, it 

includes, but is not limited to, such 

activities as determining the 

acceptability of project sites; issuing 

firm commitments for FHA insurance; 

issuing initial or final endorsements for 

FHA insurance; executing regulatory 

agreements; requiring corrective actions 

and escrow accounts as needed; and 

wherever applicable, overseeing the 

actions of HUD’s program participants 

in connection with a project’s 

development (e.g., authorizing a 

housing finance agency to process risk 

sharing loans or to conduct a subsidy 

layering review). 

C. Asset Management and Portfolio 

Oversight 

Functions carried out under this 

category involve HUD’s continuing 

relationship with a multifamily project 

after it has been added to the HUD 

portfolio through either FHA mortgage 

insurance, co-insurance, or risk-sharing 

programs; direct loan; capital advance 

or grant programs; other subsidy 

programs; and combinations thereof. 

Under this category, ongoing decisionmaking relates to an insured or 

subsidized project’s occupancy, 

operations, and physical and financial 

condition from the time of occupancy 

through final disposition, including, but 

not limited to, prepayment, repayment 

of the loan or end of the subsidy 

contract, foreclosure, and/or termination 

of the subsidy contract. In addition, 

functions involve the renewal of Section 

8 contracts and other project-based 

assistance, and imposing sanctions 

upon project owners that, for example, 

violate the terms of their regulatory 

agreement and/or Section 8 Housing 

Assistance Payments contract. Further, 

functions involve the oversight of use 

agreements and contractual restrictions, 

including consents to liens, approval of 

changes in ownership, amendment or 

release (in part or in full) of use 

agreements or contracts, and granting of 

other consent rights held by HUD. To 

the extent that these functions overlap 

authority delegated herein to Recap (for 

example, with respect to the RAD and 

Mark-to-Market (M2M) programs), the 

two offices must work together to decide 

which office is responsible for a 

particular function. Included in this 

category is oversight over housing 

assistance and competitive grant 

programs administered by the Office of 

Multifamily Housing Programs, except 

for the authority to issue a final Notice 

of Funding Availability (NOFA) or to 

make grant awards. Competitive grant 

programs within the Office of 

Multifamily Housing typically include 

those for the Section 202 Supportive 

Housing for the Elderly Program, 

Section 811 Project Rental Assistance 

Program, Section 514 program, and the 

Multifamily Housing Service 

Coordinator Program. To the extent that 

functions with respect to the Section 

202 Supportive Housing for the Elderly 

Program and Section 514 program 

overlap authority delegated herein to 

Recap, the two offices must work 

together to decide which office is 

responsible for a particular function. In 

any given year, Congress may authorize 

additional or alternative programs. 

Office functions include developing the 

criteria for applications, rating and 

ranking applications, and executing 

grant agreements. Once a grant is 

awarded, functions include monitoring 

compliance with the grant agreement, 

terminating a grant for noncompliance, 

modifying a grant, and closing out a 

grant. 

Also included are contract 

administration and oversight. Functions 

in this area of contract administration 

and oversight involve activities related 

to the award of the Contract 

Administration Contracts (Annual 

Contribution Contracts), assessment and 

assignment of Section 8 contracts to 

Performance-Based Contract 

Administrators (PBCAs), evaluation of 

PBCA performance, provision of 

technical assistance to PBCAs, and 

prescription of any remedial actions 

needed to improve PBCA performance. 

Key functions also involve developing 

policies and procedures for field offices 

and coordinating efforts between the 

PBCAs and the local Multifamily 

Housing Programs field office staff; 

monitoring, evaluating, and providing 

technical guidance relative to field 

activities; assuring that PBCAs provide 

data needed to evaluate their 

performance and the status of contracts 

they administer; and coordinating audit 

activities associated with Section 8 

Contract Administration. Funding 

activities involve budget and funding 

responsibilities associated with various 

rental assistance programs, including 

both HUD and third-party administered 

contracts. Activities also include 

creating and approving administrative 

commitments for active contracts; 

determining funding levels; reserving 

the subsidy based on funding 

availability; and monitoring allotments 

versus annual appropriations, funding 

assignments versus allotments, 

reservations versus fund assignments, 

and actual reservations versus estimated 

activity. Additional functions include 

monitoring the timely payment of 

Section 8 housing assistance to PBCAs 

and project owners in collaboration 

with the accounting staff in the Office 

of the Chief Financial Officer. The 

funding area also works with the 

Department’s budget and accounting 

organizations to generate budget 

authority estimates for the abovereferenced subsidy programs, to develop 

procedures for funding and payment 

processes, and to integrate systems to 

support the data. 

Property disposition is also included 

in this category. Property disposition 

functions consist of foreclosure sales, 

post sales transaction oversight, tenant 

relocations, and property management. 

These functions include notifying an 

owner; hearing and deciding an owner’s 

appeal to the foreclosure determination; 

deciding the terms of and directing a 

foreclosure sale; accepting a deed-inlieu of foreclosure; managing HUDowned and HUD-held properties; 

authorizing any work and related terms 

required by a project in advance of a 

sale; advertising a project for sale; 

approving disposition plans, sales 

documents, and purchasers; executing 

rental assistance contracts; and 

relocating residents as may be 

necessary. 

D. Recapitalization 

Functions carried out under this 

category involve HUD efforts to preserve 

and recapitalize project-based affordable 

housing and HUD approvals informed 

by underwriting of refinancing 

transactions often involving a variety of 

public and private sector leverage and 

other financing sources. Functions 

primarily involve preservation of 

affordable housing through two main 

programs, the Mark-to-Market Program 

and the Rental Assistance 

Demonstration. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76095 

The Mark-to-Market Program 

preserves long-term affordability and 

availability of low-income rental 

multifamily housing properties by 

restructuring FHA-insured or formerly 

insured HUD-held mortgages for eligible 

multifamily housing projects. The 

Multifamily Assisted Housing Reform 

and Affordability Act of 1997, as 

amended (MAHRA) (42 U.S.C. 1437f 

note) authorized a Mark-to-Market 

program designed to preserve lowincome rental housing affordability 

while reducing the long-term costs of 

Federal rental assistance, including 

project-based assistance from HUD, for 

certain multifamily rental projects. The 

projects involved are projects with (1) 

HUD-insured or formerly insured HUDheld mortgages; and (2) contracts for 

project-based rental assistance from 

HUD, primarily through the Section 8 

program, for which the average rents for 

assisted units exceed the market rents. 

The program objectives are to (1) 

preserve housing affordability while 

reducing the costs of project-based 

assistance, often by reducing projectbased rents to market levels; (2) 

restructure the HUD-insured or formerly 

insured HUD-held mortgages so that the 

monthly payments on the resulting new 

(or modified) first mortgage can be 

supported by the adjusted rents; (3) 

reduce the costs of insurance claims; (4) 

ensure competent management of the 

project; and (5) ensure that projects are 

adequately capitalized to meet future 

capital improvement needs. The 

restructured project is subject to longterm use and affordability restrictions. 

The M2M program’s predecessor 

program was the Portfolio 

Reengineering Demonstration Project 

(Demo) originally authorized in 1996 

and most recently in 1998 under title V 

of the Departments of Veterans Affairs 

and Housing and Urban Development, 

and Independent Agencies 

Appropriations Act, 1998 (Pub. L. 105– 

65). 

Related to the M2M program and the 

Demo program functions are certain 

post-transaction reviews (Post M2M), 

which address the processing of an 

owner’s request to extend the maturity 

date of a HUD-held mortgage on, or to 

refinance or sell, or to sever excess land 

from, a property that previously 

received the benefits of a debt 

restructuring under the M2M program 

or the Demo program. Post M2M 

transactions may also include 

applications for debt assumption, 

modification, or forgiveness of M2M 

debt for a non-profit qualified by HUD 

as being eligible to receive such benefit. 

In addition, under the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act), OAHP was charged with 

providing grants and loans (Green 

Retrofit Program Loans or GRP Loans) 

for energy retrofit and green investments 

in assisted housing projects (Green 

Retrofit Program or GRP) through the 

policies, procedures, contracts, and 

transactional infrastructure authorized 

for M2M. Functions include the 

administration of GRP Loans, including 

an owner’s request to extend the 

maturity date or otherwise modify a 

GRP Loan, or when a property 

encumbered by a GRP Loan is being 

sold or refinanced. 

The Rental Assistance Demonstration 

(RAD) allows properties to be converted 

from their original regulatory platform 

to the Section 8 project-based voucher 

program or the Section 8 project-based 

rental assistance program, which in turn 

allows a variety of financing tools to be 

applied to at-risk public and assisted 

housing in order to preserve the 

Nation’s stock of deeply affordable 

rental housing, promote efficiency 

within and among HUD programs, and 

build strong, stable communities. RAD 

allows public housing agencies to 

leverage public and private debt and 

equity in order to reinvest in the public 

housing stock, and gives owners of 

multifamily housing properties with 

Rent Supplement (Rent Supp) projectbased rental assistance contracts, 

Section 236 Rental Assistance Payments 

(RAP) project-based rental assistance 

contracts, Section 8 Moderate 

Rehabilitation (Mod Rehab) projectbased rental assistance contracts, 

Section 8 Moderate Rehabilitation 

Single Room Occupancy (Mod Rehab 

SRO) project-based rental assistance 

contracts, and Section 202 project rental 

assistance contracts (Section 202 

PRACs) the opportunity to enter into 

long-term project-based rental assistance 

contracts. 

Functions related to the RAD, M2M, 

and Post M2M activities also involve the 

oversight of RAD and M2M use 

agreements and contractual restrictions, 

including consents to additional liens, 

approval of changes in ownership, 

amendment or release of use agreements 

or contracts, and granting of other 

consent rights held by HUD. 

In addition to these two main 

programs, functions under this heading 

include the following additional 

programs: (1) The Section 236 program, 

under which Recap processes Section 

236 preservation transactions in order to 

recapitalize and/or maintain the 

affordability of Section 236 projects 

through refinancing, tax credits, or other 

forms of assistance; (2) the Senior 

Preservation Rental Assistance Contract 

(SPRAC) program, under which new 20- 

year project-based rental assistance 

contracts are entered into that prevent 

displacement of income-eligible elderly 

residents who reside in Section 202 

Direct Loan projects with original 

interest rates of six (6) percent or less in 

the case of refinancing or 

recapitalization of the project; (3) pre1974 Section 202 Housing for the 

Elderly preservation activities, which 

coordinate the issuance of Section 8 

tenant protection vouchers upon 

prepayment or maturity of the Section 

202 Direct Loan and the project-basing 

of such Section 8 rental assistance, 

either alone or in conjunction with a 

SPRAC in order to prevent displacement 

of income-eligible elderly residents who 

reside in Section 202 Direct Loan 

projects; and (4) oversight of the Section 

202 Supportive Housing for the Elderly 

and the Section 514 competitive grant 

programs administered by the Office of 

Multifamily Housing Programs. 

E. Program Demonstrations 

Periodically, Congress will enact 

legislation that authorizes HUD to 

conduct a multifamily housing program 

on a demonstration basis. The purpose 

of a demonstration is essentially to test 

the viability of a new program on a 

limited basis, for example, by 

geography, case volume, or time. 

Functions related to demonstration 

programs include developing program 

criteria, implementing the program, 

monitoring activities and results, 

preparing any required reports to 

Congress, and closing out the program. 

F. Coinsurance 

In 1990, HUD stopped accepting new 

applications for multifamily housing 

coinsurance. However, HUD still carries 

out multifamily housing coinsurance 

program functions related to the existing 

inventory, which include any and all 

actions necessary to carry out the 

program authorized under 12 U.S.C. 

1715z–9. Functions also include 

authorizing second mortgage documents 

in partial payment-of-claims cases, as 

well as approving requests for the 

conversion of coinsurance to full 

mortgage insurance. 

G. Portfolio Reengineering 

Although all cases under the Portfolio 

Reengineering Demonstration Project 

(Demo) program have been closed, there 

are ongoing asset management functions 

related to this portfolio of projects. 

H. Limited Denials of Participation and 

Other Available Remedies 

A participant, contractor, or affiliate, 

other than a mortgagee, who fails to 


jbell on DSKJLSW7X2PROD with NOTICES
76096 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

comply with HUD program regulations, 

rules, and/or procedures can be denied 

the right to participate in a HUD 

program or programs. Procedures 

governing the nature and scope of 

proceedings for the issuance of a limited 

denial of participation are set forth in 2 

CFR part 2424, subpart J. Only certain 

officials may issue such limited denials 

of participation pursuant to the process 

in the regulations. The issuance of a 

limited denial of participation does not 

preclude HUD from initiating additional 

administrative action (see, e.g., 31 

U.S.C. 3081 et seq.; 2 CFR part 180, 2 

CFR 2424.10 et seq., 24 CFR part 25, 24 

CFR part 30, 24 CFR part 200, subpart 

Y) or referring a matter to the U.S. 

Department of Justice for civil or 

criminal enforcement. 

Section III. Multifamily Housing 

Programs—Authority Redelegated 

As provided in this Section III, the 

Assistant Secretary for Housing— 

Federal Housing Commissioner, Chief of 

Staff for Housing, General Deputy 

Assistant Secretary for Housing, and 

Associate General Deputy Assistant 

Secretary for Housing retain and 

redelegate the power and authority (1) 

to the Deputy Assistant Secretary for 

Multifamily Housing Programs; (2) 

through the Deputy Assistant Secretary 

for Multifamily Housing Programs to the 

Headquarters Multifamily Program 

Office Directors listed below; and (3) 

through the Headquarters Multifamily 

Program Office Directors to the 

Headquarters and field Office officials 

listed below, the following power and 

authority, as derived from Consolidated 

Delegation of Authority for the Office of 

Housing—Federal Housing 

Administration (FHA). 

A. Deputy Assistant Secretary for 

Multifamily Housing Programs 

Authority is redelegated, on a 

nationwide basis, to take all actions 

necessary to conduct all multifamily 

housing programs, including, but not 

limited to, the exercise of the following 

functions: 

(1) The general power to modify and 

sign any documents necessary to 

perform enumerated functions and to 

waive any directive that is not 

mandated by a statute or regulation; 

(2) All production functions related to 

mortgage insurance, grants, risk-sharing, 

or other multifamily programs; 

(3) All recapitalization and asset 

management and portfolio oversight 

functions related to mortgage insurance, 

loans, capital advances, or grants, or 

other programs, including, but not 

limited to, functions related to Section 

8 contract administration and funding, 

and the renewal of Section 8 contracts 

and other project-based assistance; 

(4) All functions necessary to carry 

out a competitive grant program; 

(5) All functions necessary to carry 

out a program conducted on a 

demonstration basis; 

(6) All functions necessary to carry 

out the Rental Assistance 

Demonstration, Mark-to-Market 

Program, Green Retrofit Program, and 

Portfolio Reengineering Demonstration 

Program; 

(7) All property disposition functions; 

(8) All functions necessary to the 

conduct of the Multifamily coinsurance 

program; 

(9) All functions necessary to the 

conduct of Section 8 contract 

administration oversight/funding; 

(10) All functions necessary to carry 

out the Self-Help Housing Property 

Disposition Program; 

(11) Authority to issue limited denials 

of participation; and, 

(12) All source selection official 

functions. 

B. Associate Deputy Assistant Secretary 

for Multifamily Housing Programs 

All authority delegated to the Deputy 

Assistant Secretary for Multifamily 

Housing Programs under this notice is 

redelegated to the Associate Deputy 

Assistant Secretary for Multifamily 

Housing Programs in the absence or 

unavailability of the Deputy Assistant 

Secretary. Further, all authority 

delegated to the Deputy Assistant 

Secretary is redelegated to the Associate 

Deputy Assistant Secretary in those 

instances where managers and staff of 

the Office of Multifamily Housing 

Programs are designated by the Deputy 

Assistant Secretary to report through the 

Associate Deputy Assistant Secretary. 

The authority being redelegated in this 

subsection is a broad and general 

authority to take all actions and to 

perform all functions necessary to 

conduct all multifamily housing 

programs on a nationwide basis, 

including, without limitation, to 

facilitate Workload Sharing when field 

staff is required to perform duties 

outside their geographic jurisdiction, 

and further, including, without 

limitation, the authority to redelegate, or 

withdraw from, any authority delegated 

under this notice. 

C. Director and Deputy Director, Office 

of Multifamily Production 

Authority is redelegated, on a 

nationwide basis, to take all actions 

necessary to conduct all multifamily 

housing programs in relation to the 

following functions: 

(1) The general power to sign any 

documents necessary to perform 

enumerated functions and to waive any 

directive that is not mandated by a 

statute or regulation; 

(2) All production functions related to 

mortgage insurance or risk-sharing 

programs; and 

(3) All functions necessary to carry 

out a program conducted on a 

demonstration basis. 

D. Director and Deputy Director, 

Office of Asset Management and 

Portfolio Oversight 

Authority is redelegated, on a 

nationwide basis, to take all actions 

necessary to conduct all multifamily 

housing programs in relation to the 

following functions: 

(1) The general power to sign any 

documents necessary to perform 

enumerated functions and to waive any 

directive that is not mandated by a 

statute or regulation; 

(2) All asset management and 

portfolio oversight functions related to 

mortgage insurance, loans, capital 

advances, or grants or other programs, 

including, but not limited to, functions 

related to Section 8 contract 

administration and funding, the renewal 

of Section 8 contracts and other projectbased assistance, the transfer of Section 

8 budget authority and/or use 

agreements from one site to another 

(e.g., pursuant to Section 8bb), and all 

matters related to Flexible Subsidy 

Loans; 

(3) All functions necessary to carry 

out competitive grant programs; 

(4) All functions necessary to carry 

out a program conducted on a 

demonstration basis; 

(5) All property disposition functions; 

(6) All functions necessary to conduct 

the multifamily coinsurance program; 

and 

(7) Authority to issue limited denials 

of participation. 

The Deputy Assistant Secretary for 

Multifamily Housing Programs, through 

the Director of the Office of Asset 

Management and Portfolio Oversight 

further redelegate to the Director of the 

Field Asset Management and Program 

Administration Division all powers and 

authorities to execute any documents 

necessary to perform enumerated 

functions related to the modification or 

release (in part or in full) of regulatory 

agreement(s) and use agreement(s) for 

multifamily housing projects and 

programs. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76097 

E. All Regional Directors, Operations 

Officers, Production Division Directors, 

Asset Management Division Directors, 

and Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators 

The authority redelegated authorizes 

these officials to take all actions 

necessary to the conduct of all 

multifamily housing programs, not 

including the property disposition 

program, coinsurance program, and 

M2M, Demo, and Green Retrofit 

programs. With respect to the M2M, 

Demo, and Green Retrofit programs, the 

authority redelegated authorizes these 

officials to take all actions with respect 

to an M2M, Demo, or Green Retrofit 

Program use agreement, loan, or 

mortgage modification, partial release of 

security or HUD consent required 

pursuant to an M2M, Demo, or Green 

Retrofit transaction document provided 

that such authority is delegated to such 

officials by administrative guidance 

issued from time to time by the Deputy 

Assistant Secretary or which is 

consistent with a memorandum issued 

by the Office of Recapitalization. The 

authority is further limited in that it 

may be exercised only within each 

official’s authorized geographic 

jurisdiction. Accordingly, the Regional 

Directors, Operations Officers, 

Production Division Directors, Asset 

Management Division Directors, and 

Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators may exercise the functions 

enumerated herein with the full 

geographic jurisdiction of their 

respective Regional Center, which 

include all Satellite Office areas under 

their respective jurisdictions. 

Designated officials and their staffs are 

also authorized to engage in Workload 

Sharing with other jurisdictions when 

their staffs are performing production 

and/or asset management/portfolio 

oversight functions that are otherwise 

consistent with limitations established 

in these redelegations. The authority 

redelegated permits the exercise of the 

following functions: 

(1) Except as specifically stated 

otherwise in this notice or 

administrative guidance, the general 

power to modify and sign any 

documents necessary to perform 

functions enumerated herein and to 

waive any directive that is not 

mandated by statute or regulation or 

reserved to Headquarters; 

(2) All production functions related to 

mortgage insurance, grants, or other 

multifamily housing insurance 

programs, except as follows: 

(a) Operations Officers cannot issue a 

conditional or firm commitment or 

endorse FHA notes for insurance; 

(b) Production Division Directors, 

Asset Management Division Directors 

and Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators (each a ‘‘Field Division 

Director’’) cannot issue a conditional or 

firm commitment for mortgage 

insurance where the principal amount 

of the mortgage is in excess of $15 

million. The Regional Director can issue 

a firm commitment for mortgage 

insurance without any limitation related 

to the principal amount of the mortgage, 

but such loans may be subject to 

departmental controls or other required 

approval(s) before either an application 

invitation letter or a firm commitment 

can be issued, depending on program 

type, project size, loan size, and real 

estate risk. 

(3) The Regional Director may 

redelegate (and subsequently withdraw), 

for good cause and with written 

justification, any authority that may be 

delegated to a Field Division Director to 

any Branch Chief within his or her 

geographic jurisdiction, except that the 

authority to issue or reissue FHA firm 

mortgage insurance commitments is 

limited to no greater than $5 million, 

and authority to sign firm commitment 

amendments for commitments greater 

than $5 million is limited to 

amendments that do not increase the 

mortgage amount. Redelegations granted 

for a limited time period must state 

either (1) the specific dates or (2) the 

length of time the redelegated authority 

will be in effect. Redelegations granted 

on a case-by-case basis must identify the 

project, activity, or undertaking 

involved; 

(4) All asset management functions 

related to mortgage insurance, loans, 

grants, or other programs, except as 

follows: 

(a) Regional Directors, Operations 

Officers, Production Division Directors, 

Asset Management Division Directors 

and Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators cannot perform the 

following functions: (i) authorize the 

acceleration of the principal debt of a 

mortgage; (ii) terminate a rent 

supplement contract or rental assistance 

contract; (iii) declare a default under an 

interest reduction payment contract; (iv) 

authorize a partial payment of claim; (v) 

authorize a loan or mortgage 

modification, except a loan or mortgage 

modification (1) under M2M, Demo, or 

with respect to a GRP Loan, including 

a partial release of security under those 

programs, which is consistent with a 

memorandum to be issued by the Office 

of Recapitalization, or in a manner 

determined by administrative guidance 

issued from time to time by the Deputy 

Assistant Secretary, (2)to process an 

interest rate reduction in accordance 

with existing or subsequent guidance, or 

(3) that the Deputy Assistant Secretary 

for Multifamily Housing Programs may 

authorize from time to time through the 

issuance of administrative guidance; (vi) 

authorize the override of a mortgage 

lockout provision; or (vii) authorize a 

prepayment of a HUD-insured or HUDheld mortgage, or voluntary termination 

of mortgage insurance; except as 

provided in (v) above or unless 

specifically authorized to do so by an 

express redelegation of authority from 

the Assistant Secretary for Housing— 

Federal Housing Commissioner, the 

Chief of Staff for Housing, General 

Deputy Assistant Secretary for Housing, 

or Associate General Deputy Assistant 

Secretary for Housing setting forth any 

affected programs and terms and 

conditions applicable thereto. 

(b) Operations Officers and 

Production Division Directors cannot 

issue (i) a notice of violation under the 

terms of a regulatory agreement; (ii) a 

notice of default under the terms of a 

Section 8 housing assistance payments 

contract; (iii) an approval of a partial 

release of security; or (iv) an approval of 

a release from a residual receipts 

account. 

(5) All functions necessary to carry 

out competitive capital advance 

programs; 

(6) All functions necessary to carry 

out a program conducted on a 

demonstration basis; 

(7) Authority to issue limited denials 

of participation; and 

(8) Regional Directors and Satellite 

Office Asset Management Division 

Directors/Satellite Office Coordinators 

are authorized to carry out all source 

selection official functions for field 

office-based procurements, provided 

that the contract amount is less than $10 

million. 

F. Director of OAMPO Property 

Disposition Division Only 

Authority is redelegated to the 

Director of Property Disposition 

Division, on a nationwide basis, to take 

all actions and perform all functions, 

including signing any documents in 

furtherance thereof and issuing waivers 

of directives not mandated by statute or 

regulation, necessary to conduct the 

multifamily and healthcare property 

disposition program. For the healthcare 

property program, this authority must 

be exercised in accordance with 

guidance established between the Office 


jbell on DSKJLSW7X2PROD with NOTICES
76098 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

of Healthcare Programs and the Office of 

Multifamily Housing Programs. 

Section IV. Office of Recapitalization— 

Authority Redelegated 

A. The Assistant Secretary for 

Housing—Federal Housing 

Commissioner, Chief of Staff for 

Housing, General Deputy Assistant 

Secretary for Housing, and Associate 

General Deputy Assistant Secretary for 

Housing redelegate to the Deputy 

Assistant Secretary for Multifamily 

Housing Programs and the Director and 

Deputy Director of the Office of 

Recapitalization the following authority: 

(1) All authority necessary to carry 

out the provisions of the Mark-to-Market 

Program under MAHRA, the Demo 

Program, the Green Retrofit Program, 

and Post M2M activities, including 

shared authority with OAMPO for the 

sale or disposition of M2M loans, Demo 

loans, and GRP Loans, and for the full 

or partial release or amendment of use 

restrictions associated with M2M, Demo 

and GRP Loans. The two offices must 

work together to decide which office is 

responsible for a particular function 

associated with such sales, dispositions, 

or use agreement modifications. The 

foregoing authorities do not include the 

authority to issue and/or waive 

regulations and to sue and be sued. 

(2) All asset management functions 

associated with (i) Section 236 

preservation transactions; (ii) the 

deferral and subordination of the 

repayment of Operating Assistance 

Flexible Subsidy Loans and prepayment 

of Section 236 mortgages (including 

FHA-insured, non-insured, and HUDheld mortgages), and (iii) other HUD 

approvals related to Section 236 

preservation transactions, including, but 

not limited to, the following powers and 

authorities: To process and sign any 

documents necessary to fulfill the 

functions associated with Section 236 

preservation transactions, including, but 

not limited to, the following: 

Prepayments; Interest Reduction 

Payment (IRP) decouplings and redecouplings; excess income 

requirements; modifications to 

Emergency Low-Income Housing 

Preservation Act (ELIHPA) and LowIncome Housing Preservation and 

Resident Homeownership Act 

(LIHPRHA) use agreements(s); Rent 

Supplement and Section 236 Rental 

Assistance Payment contract extensions; 

unit conversion requests; allowance of 

nonprofit sales proceeds and 

distributions; and other related 

approvals or denials. 

(3) To administer all aspects of the 

Rental Assistance Demonstration (RAD), 

including, but not limited to, the review 

of Financing Plans and Conversion 

Plans, issuance of and amendments to 

RAD Conversion Commitments (RCCs) 

and conditional approval letters, 

amendments to or reissuances of 

Commitments to enter into Housing 

Assistance Payments Contracts 

(CHAPs), multi-phase awards or 

portfolio awards, execution of RAD 

conversion transaction documents, and 

implementation of closings and postclosing activities, with the exception of 

releases of public housing related 

Declarations of Trust or Declarations of 

Restrictive Covenants, which are 

retained by the Assistant Secretary for 

Public and Indian Housing and as 

redelegated under Public Housing 

delegations of authority, and with the 

exception of waivers of public housing, 

Section 8 Project-Based Voucher and/or 

Section 8 Project-Based Rental 

Assistance regulations, which are 

retained by the Assistant Secretary for 

Housing and/or the Assistant Secretary 

for Public and Indian Housing, as 

applicable. 

To carry out all functions related to 

RAD use agreements and contractual 

restrictions, including consents to liens, 

approval of changes in ownership, 

amendment or release of use agreements 

or contracts, and granting of other 

consent rights held by HUD. To the 

extent that these RAD functions overlap 

authority delegated to OAMPO, the two 

offices must work together to decide 

which office is responsible for a 

particular function. 

(4) To execute new project-based 

rental assistance (PBRA) HAP contracts 

associated with RAD conversions, 

including for public housing properties 

converting under RAD Component 1 

and for Rent Supp/RAP, Mod Rehab, 

Mod Rehab SRO and Section 202 

Capital Advance developments with 

Project Rental Assistance Contracts (202 

PRACs), converting under Component 2, 

and any forthcoming legacy programs 

for which Congress may create a RAD 

conversion option. To the extent that 

these RAD functions overlap authority 

delegated to OAMPO, the two offices 

must work together to decide which 

office is responsible for a particular 

function. 

(5) To release documents related to 

Section 202 Capital Advance 

developments with Project Rental 

Assistance Contracts (202 PRACs), 

including capital advances and use 

agreements, to facilitate the execution of 

new agreements and covenants required 

for 202 PRAC conversions to RAD. 

(6) To administer all aspects of the 

Senior Preservation Rental Assistance 

Contract (SPRAC) program, including, 

but not limited to, the review of 

submissions requesting SPRAC rental 

assistance, issuance of conditional and 

final approval letters, execution of 

SPRAC transaction documents, and 

implementation of closings and postclosing activities. 

(7) To administer preservation 

activities with respect to Pre-1974 

Section 202 Housing for the Elderly 

properties, including, but not limited to, 

review of submissions related to 

prepayment of the Section 202 Direct 

Loan, coordination with the Office of 

Public and Indian Housing regarding the 

issuance of Section 8 tenant protection 

vouchers upon prepayment or maturity 

of the Section 202 Direct Loan and the 

project-basing of such Section 8 rental 

assistance, execution of transaction 

documents, and implementation of 

closing and post-closing activities. 

(8) All functions necessary to carry 

out competitive grant programs 

pursuant to the Section 202 Capital 

Advance program and the Section 514 

Tenant Organizing and Education 

program (including developing the 

criteria for applications, rating and 

ranking applications, executing grant 

agreements, and executing associated 

project rental assistance contracts), 

except for the authority to issue a final 

NOFA or to make grant awards. To the 

extent the implementation and oversight 

of the Section 202 Supportive Housing 

for the Elderly and the Section 514 

functions overlap authority delegated 

herein to the Office of Asset 

Management and Portfolio Oversight, 

the two offices must work together to 

decide which office is responsible for a 

particular function. 

(9) All functions necessary to carry 

out a program conducted on a 

demonstration basis. 

B. The foregoing redelegations to the 

Director and Deputy Director of the 

Office of Recapitalization include, 

without limitation, the following 

authority: 

(1) To modify and sign any 

documents necessary to perform 

enumerated functions and to waive any 

directive that is not mandated by a 

statute or regulation. 

(2) To administer all provisions of 

MAHRA, including, but not limited to, 

the following: 

(a) To make eligibility determinations 

under sections 512 and 516 of MAHRA; 

(b) To enter into, modify, and/or 

extend agreements with participating 

administrative entities under section 

513 of MAHRA; 

(c) In connection with a restructuring 

transaction, to make rent and/or 

mortgage restructuring determinations 

under sections 514, 515, 517, and 524 of 

MAHRA; and 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 76099 

(d) To terminate, modify, or affirm 

any decision on appeal under MAHRA. 

(3) In connection with a restructuring 

transaction, to modify the principal 

balance, payments, interest rate, and 

amortization period and other terms of 

existing FHA-insured and HUD-held 

mortgages, including any HUD or 

Secretary-held subordinate debt 

encumbering or otherwise related to a 

project; and to issue restructuring 

commitments and closing documents 

relating to such debt. 

(4) To issue HUD forms 92264 and 

92264A upon approval of a 

restructuring plan. 

(5) In connection with a restructuring 

transaction, to approve transfers of 

physical assets. 

(6) In connection with a transaction, 

to approve environmental assessment 

and compliance findings for related 

laws report, HUD form 4128 or through 

the HUD Environmental Review Online 

System (HEROS). 

(7) To issue a commitment to insure 

and endorse for insurance a mortgage 

note given to refinance a HUD-insured 

or HUD-held mortgage, pursuant to 

sections 223(a)(7) or 223(f) of the 

National Housing Act (12 U.S.C. 1715n), 

in accordance with protocol(s) 

established between the Office of 

Recapitalization and the Office of 

Multifamily Production. 

(8) For qualified nonprofit entities 

acquiring projects that are the subject of 

a restructuring transaction, to modify, 

assign, or forgive debt created in the 

restructuring. 

(9) To administer escrow accounts 

and modify the agreement established 

under the restructuring transaction for 

the purpose of addressing immediate 

and near-term rehabilitation needs of a 

project. 

(10) To perform all functions of a 

source selection official in relation to a 

procurement under the subject matter 

jurisdiction of the Office of 

Recapitalization, subject to laws, 

regulations, and HUD policies and 

procedures governing the procurement 

process. 

(11) To administer grant programs, 

other than selecting a grantee. 

(12) To extend the maturity date of 

and otherwise modify mortgage 

restructuring notes, contingent 

repayment notes, Demo notes, and notes 

evidencing GRP Loans, and approve, in 

connection with a project’s sale or 

mortgage refinancing, the assumption, 

modification, and/or subordination of 

mortgage restructuring notes, contingent 

repayment notes or Demo notes, 

previously created during a debt 

restructuring transaction, and notes 

evidencing GRP Loans. 

(13) To administer all Section 236 

prepayments and all processing 

pursuant to prepayments. 

(14) To administer all Rental 

Assistance Demonstration transactions 

processed by the Office of Multifamily 

Housing Programs. 

(15) To designate an official to review 

any appeal, conduct the conference, and 

issue the written decision in accordance 

with 24 CFR 401.651. 

C. To the Affordable Housing 

Transaction Division Director and each 

Affordable Housing Transaction Branch 

Chief, through the Deputy Assistant 

Secretary for Multifamily Housing 

Programs and the Director and Deputy 

Director of the Office of 

Recapitalization, the following authority 

is delegated 

(1) To modify and sign any 

documents necessary to perform 

enumerated functions and to waive any 

directive issued by the Office of 

Recapitalization that is not mandated by 

a statute or regulation. 

(2) To administer the following 

provisions of MAHRA; 

(a) To make eligibility determinations 

under sections 512 and 516 of MAHRA; 

(b) In connection with a restructuring 

transaction, to make rent and/or 

mortgage restructuring determinations 

under sections 514, 515, 517, and 524; 

and 

(c) To reject or hear and decide any 

appeal made to the transaction branch 

responsible for M2M under and in 

accordance with 24 CFR 401.645 or 

another permissible procedure. 

(3) In connection with a restructuring 

transaction, to modify the principal 

balance, payments, interest rate, and 

amortization period and other terms of 

existing FHA-insured and HUD-held 

mortgages, including any HUD or 

Secretary-held subordinate debt 

encumbering or otherwise related to a 

project; and to issue restructuring 

commitments and closing documents 

relating to such debt. 

(4) To issue HUD forms 92264 and 

92264A upon approval of a 

restructuring plan. 

(5) In connection with a restructuring 

transaction, to approve transfers of 

physical assets. 

(6) In connection with a transaction, 

to approve environmental assessment 

and compliance findings for related 

laws report, HUD form 4128 or through 

the HUD Environmental Review Online 

System (HEROS). 

(7) To issue a commitment to insure 

and endorse for insurance a mortgage 

note given to refinance a HUD-insured 

or HUD-held mortgage, pursuant to 

sections 223(a)(7) or 223(f) of the 

National Housing Act (12 U.S.C. 1715n), 

in accordance with protocol(s) 

established between the Office of 

Recapitalization and the Office of 

Multifamily Production. 

(8) To modify and sign any 

documents necessary to perform 

enumerated functions related to the 

rehabilitation needs of a project that was 

the subject of a restructuring 

transaction. 

(9) To administer escrow accounts 

and modify the agreement established 

under the restructuring transaction, for 

the purpose of addressing immediate 

and near-term rehabilitation needs of a 

project. 

D. Authority to Redelegate within the 

Office of Recapitalization. The Director 

and Deputy Director of the Office of 

Recapitalization may further redelegate, 

or withdraw from, any authority 

delegated to them in this notice to any 

other Office of Recapitalization official. 

Section V. Authority Excepted 

The authority redelegated in this 

notice does not include the authority to 

issue or to waive HUD regulations. The 

authority redelegated in this notice does 

not include the authority to sue or be 

sued. 

Section VI. Further Redelegations 

Except as otherwise specified in this 

notice, the Deputy Assistant Secretary 

may redelegate, or withdraw from, any 

authority delegated to the Deputy 

Assistant Secretary under this notice to 

any Multifamily Housing Programs 

official. The Deputy Assistant Secretary 

for Multifamily Housing Programs is 

authorized to redelegate authority to 

Regional Directors outside their 

geographic jurisdiction, as necessary, to 

facilitate Workload Sharing when field 

staff is required to perform duties 

outside their geographic jurisdiction, 

but otherwise consistent with the 

limitations established in this notice. 

The authority specified in Section III. A, 

item (10) (the Self-Help Housing 

Property Disposition Program) may not 

be further redelegated by the Deputy 

Assistant Secretary for Multifamily 

Housing Programs to other officials. 

A Regional Director may redelegate to, 

or withdraw from any official within his 

or her geographic jurisdiction and 

expanded geographic jurisdiction as 

authorized by the Deputy Assistant 

Secretary for Multifamily Housing 

Programs, any authority delegated to the 

Regional Director under this notice 

except: 

(a) A Regional Director has limited 

authority to redelegate the authority to 

issue FHA conditional or firm mortgage 

insurance commitments, as set forth in 


jbell on DSKJLSW7X2PROD with NOTICES
76100 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Notices 

Section III(D)(3) of these redelegations; 

and 

(b) a Regional Director may not 

further redelegate the authority which is 

delegated to Regional Directors, Asset 

Management Division Directors, and 

Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators to issue: (i) A notice of 

violation under the terms of a regulatory 

agreement; (ii) a notice of default under 

the terms of a Section 8 housing 

assistance payments contract; (iii) an 

approval of a partial release of security; 

or (iv) an approval of a release from a 

residual receipts account. 

Except as stated otherwise herein, the 

authority redelegated to Operations 

Officers, Production Division Directors, 

Asset Management Division Directors, 

and Satellite Office Asset Management 

Division Directors/Satellite Office 

Coordinators may not be further 

redelegated by those officials. 

Section VII. Revocation of Delegations 

All prior redelegations of authority to 

the Deputy Assistant Secretary and 

other staff in the Office of Multifamily 

Housing Programs are hereby 

superseded. The Assistant Secretary for 

Housing—Federal Housing 

Commissioner, Chief of Staff for 

Housing, General Deputy Assistant 

Secretary for Housing, and Associate 

General Deputy Assistant Secretary for 

Housing may, at any time, revoke any of 

the authority redelegated in this notice. 

Notice of any revocation will be 

published in the Federal Register. 

Section VIII. Ratification 

All actions previously taken before 

publication of this notice by the 

specified HUD officials consistent with 

the authorities described herein are 

ratified. 

Authority: Section 7(d), Department of 

Housing and Urban Development Act (42 

U.S.C. 3535(d)). 

Dana T. Wade, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2020–26224 Filed 11–25–20; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[201A2100DD/AAKC001030/ 

A0A501010.999900 253G; OMB Control 

Number 1076–0114] 

Agency Information Collection 

Activities; Application for Admission 

to Haskell Indian Nations University 

and to Southwestern Indian 

Polytechnic Institute 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Information 

Collection; request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the Bureau of Indian Education (BIE) is 

proposing to renew an information 

collection with revisions. 

DATES: Interested persons are invited to 

submit comments on or before January 

26, 2021. 

ADDRESSES: Send your comments on 

this information collection request (ICR) 

by mail to Ms. Juanita Mendoza, U.S. 

Department of the Interior, Bureau of 

Indian Education, 1849 C Street NW, 

Washington, DC 20240; fax: (202) 208– 

3312; email: Juanita.Mendoza@bie.edu. 

Please reference OMB Control Number 

1076–0114 in the subject line of your 

comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact Dr. Sherry Allison, 

with Southwestern Indian Polytechnic 

Institute, by email at Sherry.Allison@

bie.edu or LouEdith Hara, with Haskell 

Indian Nations University, by email at 

lhara@haskell.edu. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, we provide the 

general public and other Federal 

agencies with an opportunity to 

comment on new, proposed, revised, 

and continuing collections of 

information. This helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand our information 

collection requirements and provide the 

requested data in the desired format. 

We are soliciting comments on the 

proposed ICR that is described below. 

We are especially interested in public 

comment addressing the following 

issues: (1) Is the collection necessary to 

the proper functions of the BIE; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

BIE enhance the quality, utility, and 

clarity of the information to be 

collected; and (5) how might the BIE 

minimize the burden of this collection 

on the respondents, including through 

the use of information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Abstract: The BIE is requesting 

approval for the admission forms for 

Haskell Indian Nations University 

(Haskell) and Southwest Indian 

Polytechnic Institute (SIPI). These 

admission forms are used in 

determining program eligibility of 

American Indian and Alaska Native 

students for educational services. These 

forms are utilized pursuant to the Blood 

Quantum Act, Public Law 99–228; the 

Snyder Act, Chapter 115, Public Law 

67–85; and, the Indian Appropriations 

of the 48th Congress, Chapter 180, page 

91, For Support of Schools, July 4, 1884. 

Submission of these eligibility 

application forms is mandatory in 

determining a student’s eligibility for 

educational services. The information is 

collected on three forms: The 

Application for Admission to Haskell 

form and the Application for Admission 

to SIPI form are already approved forms, 

and the Haskell Dual Enrollment 

application is a new collection 

instrument. 

Title of Collection: Application for 

Admission to Haskell Indian Nations 

University and Southwestern Indian 

Polytechnic Institute. 

OMB Control Number: 1076–0114. 

Form Number: None. 

Type of Review: Renewal of an 

information collection with revisions. 

Respondents/Affected Public: 

Students. 

Total Estimated Number of Annual 

Respondents: 4,100 per year, on average 

(1,000 respondents for the Application 

for Admission to Haskell Indian Nations 

University, 100 respondents for the 

Haskell Indian Nations University Dual 

Enrollment Application, and 3,000 

respondents for the Southwestern 

Indian Polytechnic Institute 

application). 


jbell on DSKJLSW7X2PROD with NOTICES