§ 245.10 Applicability of part. ( a ) Except as otherwise expressly limited in this section, this part applies in its entirety to a mortgagor of any multifamily housing project that meets the following— ( 1 ) *Project subject to HUD insured or held mortgage under the National Housing Act.* The project has a mortgage that— ( i ) Has received final endorsement on behalf of the Secretary and is insured or held by the Secretary under the National Housing Act (12 U.S.C. 1701—1715z-20); and
( ii ) Is assisted under: ( A ) Section 236 of the National Housing Act (12 U.S.C. 1715z-1);
( B ) The Section 221(d)(3) BMIR Program;
( C ) The Rent Supplement Program;
( D ) The Section 8 Loan Management Set-Aside Program following conversion to such assistance from the Rent Supplement Program assistance;
( 2 ) *Formerly HUD-owned project.* The project— ( i ) Before being acquired by the Secretary, was assisted under: ( A ) Section 236 of the National Housing Act (12 U.S.C. 1715z-1);
( B ) The Section 221(d)(3) BMIR Program;
( C ) The Rent Supplement Program; or
( D ) The Section 8 LMSA Program following conversion to such assistance from assistance under the Rent Supplement Program; and
( ii ) Was sold by the Secretary subject to a mortgage insured or held by the Secretary and an agreement to maintain the low- and moderate-income character of the project;
( 3 ) *State or local housing finance agency project.* The project receives assistance under section 236 of the National Housing Act (12 U.S.C. 1715z-1) or the Rent Supplement Program (12 U.S.C. 1701s) administered through a state or local housing finance agency, but does not have a mortgage insured under the National Housing Act or held by the Secretary. Subject to the further limitation in paragraph (b) of this section, only the provisions of subparts A, B and C of this part, and of subpart E of this part for requests for approval of a conversion of a project from project-paid utilities to tenant-paid utilities or of a reduction in tenant utility allowances, apply to a mortgagor of such a project;
( 4 ) The project receives project-based assistance under section 8 of the United States Housing Act of 1937 (this regulation does not cover tenant participation in PHAs that administer such project-based assistance);
( 5 ) The project receives enhanced vouchers under the Low-Income Housing Preservation and Resident Homeownership Act of 1990, the provisions of the Emergency Low Income Housing Preservation Act of 1987, or the Multifamily Assisted Housing Reform and Affordability Act of 1997, as amended;
( 6 ) The project receives assistance under the Section 202 Direct Loan program or the Section 202 Supportive Housing for the Elderly program; or
( 7 ) The project receives assistance under the Section 811 Supportive Housing for Persons with Disabilities program.
( b ) *Limitation for cooperative mortgagor.* Only the provisions of subparts A and C of this part apply to a mortgagor of any multifamily housing project described in paragraph (a) of this section if the mortgagor is a cooperative housing corporation or association.
( c ) Definitions. Rent Supplement Program means the assistance program authorized by section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). *Section 8 LMSA Program* means the Section 8 Loan Management Set-Aside Program implemented under 24 CFR part 886, subpart A.
*Section 221(d)(3) BMIR Program* means the below-market interest rate mortgage insurance program under section 221(d)(3) and the proviso of section 221(d)(5) of the National Housing Act (12 U.S.C. 1715l(d)(3) and 1715l(d)(5)).
[61 FR 57961, Nov. 8, 1996, as amended at 65 FR 36280, June 7, 2000; 68 FR 20325, Apr. 24, 2003]