reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.7 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
				  authorized to file a complaint with the Department under section 8211 of the
				  act (relating to petitions for declaratory orders and complaints to department)
				  may file a complaint at the office of the Department within the time limits
				  prescribed in section 8211 of the act.
(1)
				  Complaints shall be by letter or other writing, typewritten or legibly printed,
				  as required by 1 Pa. Code §
											33.2 (relating to form) and this
				  chapter, and shall contain the following:
(i)
				  The name, address and interest of each complainant.
(ii) The name and address of each
				  respondent.
(iii) A statement of
				  the facts and legal grounds which form the basis for the conclusion that there
				  has been a violation of the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.8 - Petitions for declaratory order

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A person authorized to file a petition for declaratory order asserting the
				  validity of proceedings filed with the Department under section 8211 of the act
				  (relating to petitions for declaratory orders and complaints to department) may
				  do so at the office of the Department within the time limits prescribed in
				  section 901 of the act. A copy of the petition will be mailed by the Department
				  to the named respondent or who, in the determination of the Department, will be
				  called upon to answer the allegations. If a local government unit files a
				  petition with the Department, the Department may require service of the
				  petition by publication on taxpayers of the local government unit as the
				  circumstances warrant.
(b) A
				  petition shall be in writing, shall state the name and address of the
				  petitioner and respondent, the interest of the petitioner in the subject
				  matter, the issues which are the subject of the petition, a complete statement
				  of the facts and legal grounds prompting the petition, the relief sought and
				  shall reference the specific sections of the act, or other appropriate
				  statutory authority, relied upon for the relief.
(c) This section supersedes 1 Pa. Code
				  §§
										35.17-35.20,
				  35.23 and
				  35.24 (relating to petitions; and
				  protests).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.9 - Answers to complaints and petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon the determination of the Department
				  to accept a timely filing as a complaint or petition, the Department will mail
				  a copy of the filing to each respondent. Answers to the complaints and
				  petitions shall be filed by the respondent at the office of the Department
				  within 10-calendar days of the date of mailing by the Department of the
				  complaint or petition, as applicable, unless for cause shown the Department
				  with or without motion prescribes a different time.
(1) A respondent who fails to file an answer
				  within the applicable period shall be deemed in default, and the relevant basic
				  facts, but no conclusions of law, stated in the complaint or petition shall be
				  deemed admitted.
(2) Answers shall
				  be in writing, and so drawn as fully and completely to advise the parties and
				  the Department as to the nature of the defense.
(3) The answer shall admit or deny
				  specifically and in detail each material allegation of the pleading answered,
				  and state clearly and concisely the facts and provisions of the act relied
				  upon.
(4) By answering a complaint
				  the respondent shall be deemed, if appropriate, to request a certificate of
				  approval of the relevant proceedings of the local government unit under section
				  8204 of the act (relating to certificate of approval of transcript) and no
				  other affirmative relief shall be requested by the respondent.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.10 - Withdrawal of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
				  may withdraw a pleading filed with the office of the Department at any time,
				  with or without cause. The withdrawal shall be effective immediately upon
				  filing notice thereof with the office of the Department.
(b) This section supersedes 1 Pa. Code §
										35.51 (relating to withdrawal of
				  pleadings).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.11 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A respondent
				  may file prior to or with his answer a motion that the allegations in, or legal
				  grounds for, the complaint or petition be made more definite and certain. A
				  motion shall point out the defects complained of and details desired. The
				  Department will determine if an amendment to the complaint or petition is
				  warranted and, if so, prescribe a time period for an amended complaint or
				  petition to be filed.
(b) A
				  respondent may file at any time, before or after the filing of his answer, a
				  motion to dismiss a complaint or petition.
(1)
				  The motion may be filed with supporting affidavits or documents, including
				  additional items or proceedings of the local government unit submitted to the
				  Department under the act.
(2) The
				  complainant or petitioner shall have an opportunity to file responsive
				  affidavits or documents.
(3) The
				  complaint or petition shall be dismissed if the pleadings, together with
				  affidavits or documents, if any, and the proceedings of the local government
				  unit which are the subject matter of the complaint or petition show that there
				  is no genuine issue as to a material fact and that the moving party is entitled
				  to dismissal of the complaint or petition as a matter of
				  law.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.12 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After receipt
				  of a complaint or petition, the Department, with or without motion, may
				  schedule a hearing to hear and determine procedural and substantive matters
				  within the jurisdiction of the Department under the act arising from the
				  proceedings of a local government unit taken under the act.
(b) The scope of the hearing may be limited
				  by the presiding officer to specified legal or factual issues presented in the
				  pleadings or a motion. The holding of a hearing may be conditional on the
				  outcome of an initial hearing or oral argument on a motion to dismiss or other
				  preliminary motion and a determination thereon by the presiding
				  officer.
(c) This section
				  supersedes 1 Pa. Code §§
										35.101 and 35.102 (relating to
				  general).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.13 - Notice of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written
				  notice of hearings which are ordered by the Department will be mailed by the
				  Department to all parties at least 7-calendar days prior to the date fixed for
				  the hearing. Notice in writing will be provided to each party of the time, date
				  and place of an initial hearing and of a reconvened, rescheduled or subsequent
				  hearing unless announcement was made thereof by the presiding officer at the
				  adjournment of an earlier hearing or oral argument.
(b) In fixing the time and date of a hearing,
				  the interests of convenience and availability of the parties and their
				  attorneys shall be balanced against the exigencies arising from the transaction
				  described in the proceedings and pleadings, and circumstances in the financial
				  marketplace. Hearings shall be held at the offices of the Department unless
				  extraordinary circumstances exist which the presiding officer determines
				  require a different location.
(c)
				  This section supersedes 1 Pa. Code §§
										35.103-35.106 (relating to notice of
				  hearing).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.14 - Presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A complaint
				  or petition, upon filing with the Department, will be assigned to a presiding
				  officer who will be appointed by the Secretary for that purpose.
(b) The presiding officer will have powers
				  and authority, subject to this chapter and the act, to:
(1) Receive pleadings, documents and
				  submittals in respect of an adjudicatory proceeding filed under section 8211 of
				  the act (relating to petitions for declaratory orders and complaints to
				  department).
(2) Regulate the
				  course, conduct and scope of hearings and oral arguments, including the
				  scheduling thereof, and the recessing, reconvening and adjournment
				  thereof.
(3) Administer oaths and
				  affirmations.
(4) Issue
				  subpoenas.
(5) Rule upon offers of
				  proof and receive evidence.
(6)
				  Take or cause depositions or other discovery to be taken.
(7) Dispose of procedural matters, including
				  motions, except those motions which render a final determination of the
				  proceedings.
(8) Allow and fix time
				  for the presentation of oral argument, as the presiding officer deems
				  appropriate, at or before the close of the taking of testimony.
(9) Promptly prepare and certify to the
				  Secretary, upon the conclusion of the presentation of the matter before the
				  presiding officer, or upon receipt of a motion to dismiss or other motion and
				  related documents involving the final determination of the proceeding, the
				  formal record, including briefs, if any, and a report of the presiding officer
				  which includes the findings of fact and conclusions of law of the presiding
				  officer.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart B - Local Government Unit Debt Act Administrative Rules and Procedures › Chapter 11 - LOCAL GOVERNMENT UNIT DEBT ACT ADMINISTRATIVE RULES AND PROCEDURES › Section 11.15 - Final orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt
				  of the formal records, briefs, if any, and report of the presiding officer, the
				  Secretary will promptly review the materials and issue a final order.
(b) The Secretary may accept the report of
				  the presiding officer, or modify, or reverse findings of fact or conclusions of
				  law of the presiding officer as shall appear just and proper on the basis of
				  the evidence submitted and issues presented in the case.
(c) A copy of the final order of the
				  Secretary will promptly be entered by the Department and mailed to the parties
				  to the proceedings.
(d) The right
				  of appeal from the final report and order of the Secretary shall be governed by
				  section 8211(d) of the act (relating to petitions for declaratory orders and
				  complaints to department) and Pa.R.A.P.
(e) This section supersedes 1 Pa. Code
				  §§ 35.201,
				  35.202, 35.211-35.214, 35.221,
				  35.225, 35.226 and 35.251.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › PRELIMINARY PROVISIONS › Section 31.2 - Procedures for processing rental housing mortgage loan applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Selection criteria for mortgage loans.
Selection criteria for
						mortgage loans shall conform with the following:
(1) The selection criteria for making
						mortgage loans to applicants shall include, but not be limited to:
(i) Projects that have the promise of
						supplying well-planned, well-designed apartment units.
(ii) Location and suitability of the site
						relative to the proposed housing project.
(iii) Need for the proposed housing
						project.
(iv) Qualifications of the
						development team.
(v) Participation
						of minorities, minority business enterprises, females, and female business
						enterprises as development team members or as applicants.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › PRELIMINARY PROVISIONS › Section 31.3 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may, from time to time, prescribe forms and
						  amendments or supplements thereto to be used by all applicants under the
						  act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › PRELIMINARY PROVISIONS › Section 31.4 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may waive or vary particular provisions of
						  this subpart:
(1) To conform to the
						requirements of the United States Department of Housing and Urban Development
						or the United States Department of Agriculture in connection with any housing
						development with respect to which Federal assistance is sought; or
(2) In exceptional circumstances, under an
						emergency situation, or if, in the determination of the Agency, the application
						of a provision to a specific case may result in the undue hardship.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.11 - Amortization period

Current through Register Vol. 54, No. 28, July 13, 2024
Mortgage loans made for the permanent financing of
						  housing developments may be made for terms up to 50 years.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.12 - Equity and loan ratios

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may make mortgage loans to limited-profit
						  mortgagors of up to 90% of total project cost. The Agency may make mortgage
						  loans to nonprofit mortgagors of up to 100% of total project
						  cost.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.14 - Ancillary facilities

Current through Register Vol. 54, No. 28, July 13, 2024
In financing the construction of low and moderate
						  income housing, the Agency encourages the construction of community,
						  recreational, commercial, and other nonhousing facilities to the extent
						  economically feasible. Since the Agency primarily finances the construction or
						  rehabilitation of housing, the proportion of nonhousing facilities should be
						  incidental to the housing proposed and subsequently developed in accordance
						  with the Federal Internal Revenue Service requirements, and in accordance with
						  provisions of the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.15 - Design standards

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency will impose on all rental housing its own
						  design standards in accordance with the requirements set forth in
Submission Guide for Architects,
on file in the Agency, in
						  addition to the applicable State and local code requirements. On Federally
						  assisted Section 8 projects, HUD's
Minimum Property Standards
must be followed in addition to the standards set forth in this
						  section.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.16 - Assurance of completion

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency will require payment and performance bonds
						  equal to 100% of the contract price, including liquidated damages or penalties
						  for failure to complete construction by the completion date, or an irrevocable
						  letter of credit or pledged securities equal to 25% to 50% of the contract
						  price, or such other amounts of security acceptable to the
						  Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.17 - Mortgage loan commitments

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may issue conditional or firm commitments
						  for mortgage loans to mortgagors. However, all firm commitments are subjected
						  to the ability of the Agency to sell its notes or bonds in such amounts and on
						  such terms as are acceptable to the Agency in its sole
						  discretion.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.18 - Rental charges

Current through Register Vol. 54, No. 28, July 13, 2024
Only rents established or approved by the Agency may be
						  charged for dwelling units in housing projects receiving a permanent mortgage
						  loan from the Agency. In establishing or approving rents, the Agency will
						  provide for rents which, together with other money legally available to the
						  Agency or the mortgagor, will be sufficient to meet the debt service and the
						  maintenance and operational requirements of the housing project unless such
						  rents would cause rental vacancies in excess of 50% of the total apartment
						  units in the property. The rental charges established by this section shall
						  conform with the definition "moderate rentals" and "low rentals" as set forth
						  in section 103 of the act (35 P. S. §
													1680.103).
This section cited in 12 Pa. Code §
														31.19 (relating to Tenant
							 Selection Plan).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.19 - Tenant Selection Plan

Current through Register Vol. 54, No. 28, July 13, 2024
Each mortgagor shall prepare and submit to the Agency,
						  as a part of its application for financing, a Tenant Selection Plan. The Tenant
						  Selection Plan shall include, but not be limited to the following:
(1) The proposed rent structure of the
						housing project, which is determined by §
												31.18 (relating to rental
						charges), including any rent levels made possible by Federal or other
						subsidies.
(2) The mortgagor's
						allocation of at least 51% of its dwelling units to low and moderate income
						families. However, this 51% may be temporarily waived by the Agency if the
						Agency determines that the mortgagor has made a good faith effort to accomplish
						this 51% but has been unsuccessful and, as a result, the development or project
						has suffered an undue economical hardship. The 51% waiver will be granted only
						after the Agency determines, through a thorough analysis of the marketing
						efforts of the mortgagor, that a limited number of low and moderate income
						families reside in the market area and an insufficient number applied for
						tenancy. This analysis would include, but would not be limited to, an
						examination of advertising schedules, letters and telephone inquiries, and
						project files.
(3) That the
						following schedule of occupancy priorities be maintained to the fullest extent
						possible:
(i) Persons and families displaced
						by natural disasters.
(ii) Persons
						and families displaced by urban renewal or other governmental action.
(iii) Elderly persons and families.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.20 - Income verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
						assure that the maximum annual income limits for low and moderate income
						families are being complied with, the mortgagor must verify the income
						eligibility of tenants.
(b)
						Verification shall be accomplished by the applicant for a rental unit signing a
						release which authorizes the mortgagor to request a written verification of the
						most recent yearly income from the applicant's employer. Copies of
						correspondence for income verification must be maintained on file by the
						mortgagor.
(c) Reexamination of
						income shall occur at least once every 2 years or more often as may be required
						by the Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.21 - Nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
All dwelling units and ancillary facilities financed or
						  otherwise assisted under the act shall be rehabilitated, constructed, marketed,
						  sold or rented in a manner as provided for in this subpart. At the commitment
						  submission stage, mortgagors, contractors, subcontractors, marketing agents,
						  and managing agents shall provide the Agency with an acceptable Affirmative
						  Action Program which will ensure equal opportunity in employment, marketing,
						  and rental without discrimination as to race, national or ethnic origin,
						  religion, creed, sex, age or handicap. The Affirmative Action Program shall be
						  consistent with all applicable Federal and State statutes.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.22 - Income limits

Current through Register Vol. 54, No. 28, July 13, 2024
The maximum annual family income limit for a moderate
						  family occupying a rental unit permanently financed by the Agency is $18,000.
						  This figure shall increase on each annual anniversary date of the effective
						  date of this chapter in the same proportion as the increase in the Cost of
						  Living Index, for Philadelphia, for the same time period, as published by the
						  Department of Labor. Notwithstanding any provision of this subpart to the
						  contrary, with respect to housing financed in whole or in part by a
						  Federally-aided mortgage loan which is to provide housing for moderate and low
						  income persons, the Agency's actions in authorizing such mortgage loan will
						  have the effect of adopting, as the Agency's income limitations for initial
						  occupancy of the housing project or part thereof, the income limitations for
						  initial occupancy then provided in the Federal program pursuant to which the
						  mortgage loan or part thereof qualifies as a Federally-aided
						  mortgage.
This section cited in 12 Pa. Code §
														31.24 (relating to rental
							 surcharges).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.23 - Occupancy standards

Current through Register Vol. 54, No. 28, July 13, 2024
Families shall be assigned dwelling units of such size
						  that only bedrooms will be used for sleeping quarters, each bedroom to be
						  occupied by no more than two persons.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.24 - Rental surcharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the
						event the maximum family income of a moderate family occupying a rental housing
						unit permanently financed by the Agency increases after initial occupancy so
						that it exceeds 125% of the allowable income limit established in §
												31.22 (relating to income limits),
						a rental surcharge shall be charged the family in accordance with the following
						schedule:
SURCHARGE SCHEDULE
Adjusted Family Income As A Percentage
									 of Maximum Adjusted Income for Initial Occupancy of
									 Premises
Rent Surcharge As A Percentage of Rent
0.0% to 125%
None
125% to 130%
4.0%
130% to 135%
6.0%
135% to 140%
8.0%
140% or greater
10%
(b) A rental charge shall be charged
						prospectively only and shall not be imposed until the family completes its
						first lease year. The family shall pay 1/12 of the rent surcharge along with
						the monthly rent payment on the first calendar month after receipt of notice
						from mortgagor requiring this in accordance with the surcharge schedule set
						forth in subsection (a).
(c) The
						mortgagor shall proportionately reduce the amount of any rental surcharge
						imposed on a tenant under this section in the event that the adjusted family
						income of such tenant decreases during the 12-month period after the date of
						the last prior increase in the adjusted family income.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › RENTAL HOUSING PROGRAM › Section 31.25 - Books and accounts

Current through Register Vol. 54, No. 28, July 13, 2024
All books and records of mortgagors, agents of the
						  mortgagors and general contractors shall be open to inspection and audit by
						  representatives of the Agency or certified public accountants retained by the
						  Agency at all reasonable hours.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › OWNER-OCCUPIED RESIDENTIAL HOUSING PROGRAM › Section 31.101 - Purpose and objectives

Current through Register Vol. 54, No. 28, July 13, 2024
These §§
												31.101-31.105 are established and will be
						  applied to effectuate the general purposes of the act and the specific
						  objective of providing funds for the financing of certain owner-occupied
						  residential housing for occupancy by qualified persons in this Commonwealth and
						  thereby encouraging the purchase, construction, rehabilitation, and home
						  improvement of residential housing by such persons. Through its purchase
						  program, the Agency increases the availability of funds for such residential
						  housing by making commitments to local lending institutions to purchase and by
						  purchasing loans approved by the Agency as meeting the standards set forth in
						  these §§ 31.101-31.105.
This section cited in 12 Pa. Code §
														31.102 (relating to
							 definitions).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › OWNER-OCCUPIED RESIDENTIAL HOUSING PROGRAM › Section 31.103 - Fees and charges of the agency

Current through Register Vol. 54, No. 28, July 13, 2024
Fees may be established by the Agency in connection
						  with loans to be purchased by the Agency in connection with a program. The
						  Agency may establish such other premiums and penalties as it shall determine to
						  be necessary in connection with a program.
This section cited in 12 Pa. Code §
														31.101 (relating to purpose and
							 objectives); and 12 Pa. Code §
														31.102 (relating to
							 definitions).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › OWNER-OCCUPIED RESIDENTIAL HOUSING PROGRAM › Section 31.104 - Community conservation and local land-use planning objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency will establish specific procedures and
						  minimum standards to ensure that community conservation goals and local
						  land-use planning objectives are encouraged.
This section cited in 12 Pa. Code §
														31.101 (relating to purpose and
							 objectives); and 12 Pa. Code §
														31.102 (relating to
							 definitions).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › OWNER-OCCUPIED RESIDENTIAL HOUSING PROGRAM › Section 31.105 - Approval of lending institutions

Current through Register Vol. 54, No. 28, July 13, 2024
When approving a lending institution, the Agency will
						  consider, among other things, the financial strength and stability of the
						  lending institution and its qualifications to originate loans under National
						  Secondary Mortgage Market Standards.
This section cited in 12 Pa. Code §
														31.101 (relating to purpose and
							 objectives); and 12 Pa. Code §
														31.102 (relating to
							 definitions).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.111 - Commitment applications

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency will make available to lending institutions
						  who so request a form of loan commitment application at least 14 days in
						  advance of the date such applications must be submitted to the Agency. The
						  application shall be in the form prescribed by the Agency and shall contain,
						  among other things, the following:
(1)
						Provision for the lending institution to state the maximum principal amount of
						loans which the lending institution offers to sell to the Agency.
(2) The date by which the application must be
						received by the Agency in order to be considered for an allocation of
						funds.
(3) Draft forms of the
						proposed loan purchase agreement and servicing agreement.
(4) Provision for the lending institution to
						furnish information regarding its loan origination and servicing activities
						during a time period prescribed by the Agency.
(5) Provision for payment by the lending
						institution of a commitment fee in an amount prescribed by the Agency as
						consideration for the Agency's issuance of a loan commitment.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.112 - Allocation of commitments

Current through Register Vol. 54, No. 28, July 13, 2024
In allocating funds available to meet the loan
						  commitments requested by approved lending institutions, the Agency may
						  consider, among other things, the amounts and geographical areas of the loan
						  commitments requested and the activity and ability of the approved lending
						  institutions to originate and service loans.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.113 - Loan insurance

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may require that all or a portion of the
						  loans be insured under insurance programs satisfactory to the
						  Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.114 - Eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may designate income and other criteria with
						  respect to persons eligible to receive loans and with respect to the use of
						  proceeds of loans by such persons, which criteria may vary according to
						  geographical area, in order that the purchase of loans by the Agency shall best
						  effectuate the purposes of the act, Commonwealth housing policy objectives, and
						  the objective of expansion of the supply of funds in this Commonwealth
						  available for loans. The Agency may set limitations on the principal amounts of
						  loans to effectuate the purposes of the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.115 - Execution of loan purchase agreement and loan servicing agreement

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency will specify the dates by which the lending
						  institution and the servicing lending institution, if other than the lending
						  institution, shall execute the loan purchase agreement and the loan servicing
						  agreement.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.116 - Eligible loan areas

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may designate those areas of this
						  Commonwealth in which the purchase of loans by the Agency will best effectuate
						  the purposes of the act.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter A - GENERAL PROVISIONS › MORTGAGE LOAN PROGRAM › Section 31.117 - Regulation of fees charged by approved sellers

Current through Register Vol. 54, No. 28, July 13, 2024
The Agency may regulate, limit, restrict, or prohibit
						  by contract the charge or collection of any commitment fee, premium, bonus,
						  points or other fees in connection with the origination and servicing of loans
						  by approved lending institutions to be purchased by the
						  Agency.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.202 - Eligibility for mortgage loan assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Property must be all of the following:
(1) A one- or two-family owner-occupied
					 residence.
(2) Secured by a
					 mortgage, or other security interest in the case of a cooperative or
					 condominium.
(3) The principal
					 residence of the mortgagor.
(4)
					 Located within this Commonwealth.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.204 - Agency review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 applicant shall apply for a loan on the form provided by the Agency. An
					 applicant-homeowner who intentionally misrepresents financial information in
					 conjunction with the filing of an application for assistance may be denied
					 assistance or be required to immediately repay the amount of assistance made as
					 a result of the misrepresentation. The mortgagee may then take legal action to
					 enforce the mortgage without further restrictions or requirements.
(b) Agency responsibilities include the
					 following:
(1) The Agency shall receive from
					 the homeowner full disclosure of assets and liabilities, whether singly or
					 jointly held, and household income regardless of source. For purposes of this
					 subsection, the following are included as assets:
(i) The sum of the household's savings and
					 checking accounts, market value of stocks, bonds and other securities, other
					 capital investments, pensions and retirement funds, personal property and
					 equity in real property including the subject mortgage property. Income derived
					 from family assets is considered as income. Equity is the difference between
					 the market value of the property and the total outstanding principal of loans
					 secured by the property and other liens.
(ii) Lump-sum additions to family assets,
					 such as inheritances, capital gains, insurance payments included under health,
					 accident, hazard or workmen's compensation policies, and settlements, verdicts
					 or awards for personal or property losses or transfer of assets without
					 consideration within 1 year of the time of application. Pending claims for
					 these items shall be identified by the homeowner as contingent
					 assets.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.205 - Financial hardship due to circumstances beyond the homeowner's control

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
The Agency will consider all relevant factors when
					 evaluating whether the homeowner is suffering financial hardship and whether
					 the financial hardship is due to circumstances beyond the homeowner's control,
					 including the following:
(1) The homeowner's
					 past and present household income and reasons for reductions in household
					 income.
(2) Assets which were or
					 are available and could have been or can be liquidated to correct the mortgage
					 delinquency. The Agency will not consider assets in a pension, profitsharing,
					 annuity or similar retirement plan or contract as available for liquidation to
					 the extent that these funds are reasonably necessary for the support of the
					 homeowner, or dependents or the surviving spouse of the homeowner.
(3) The homeowner's credit history.
(4) The homeowner's employment
					 history-including unemployment, underemployment and the reasons therefore-and
					 eligibility for other types of financial assistance.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.206 - Reasonable prospect of resuming mortgage payments and paying mortgage by maturity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 general, the Agency will consider all relevant factors when evaluating whether
					 the homeowner has a reasonable prospect of being able to resume full mortgage
					 payments within 24 months after the beginning of the period for which
					 assistance payments are provided the Agency and of being able to pay the
					 mortgage in full by maturity or by a later date agreed to by the mortgagee,
					 including the following:
(1) The homeowner's
					 prior work history, experience, training, opportunities for retraining and
					 similar factors which may affect the homeowner's future employment
					 opportunities.
(2) Potential for
					 future changes in the homeowner's financial prospects through re-employment,
					 schooling, training or debt reduction, or other income changes sufficient to
					 enable the homeowner to resume full mortgage payments.
(3) Noncash benefits that may reduce
					 household expenses, such as food stamps, free medical services for military or
					 low-income families, a company-provided automobile, or receipt of food or
					 clothing from family members living outside the household.
(4) Changes in income or recurring expenses,
					 or both, that may be affected by changes in the age, composition or employment
					 of members of the household.
(5)
					 Potential for repayment of short-term or installment debt.
(6) Delinquencies in other debts which
					 seriously jeopardize continued ownership of the home, which cannot be cured by
					 a mortgage assistance loan.
(7) A
					 homeowner's demonstrated ability to make regular monthly mortgage payments,
					 even though those payments represented most of the homeowner's income. In
					 determining whether the homeowner's future job and income prospects will be
					 sufficient to enable the homeowner to pay the mortgage debt-including
					 principal, interest, taxes and insurance-the Agency will take into
					 consideration the amount of household income available to the homeowner for a
					 reasonable period of time not to exceed 24 months prior to the circumstances
					 which caused the mortgage delinquency and whether the income was sufficient as
					 evidenced by documentation, including tax returns, Internal Revenue Service
					 Form W-2 and tax transcripts. If a homeowner is not required to file taxes,
					 certification of this fact is mandatory at the time of application. In cases
					 when nontaxable income is earned or financial government benefits are received,
					 documentation evidencing receipt of the income or benefits shall be
					 provided.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.207 - Repayment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Agency will
					 establish loan repayment schedules and prepare appropriate forms, instructions
					 and documents concerning repayments or the security for its
					 assistance.
(b) The Agency will
					 enter into an agreement with the homeowner for repayment of mortgage assistance
					 plus interest.
(1) Interest shall accrue at
					 the rate of 9% per year except for loans closed starting January 1, 2009, and
					 thereafter, in which case the rate of interest will be determined by the Agency
					 under section 406-C(5) of the act (35 P.S. §
													1680.406c(5)) and as set
					 forth on the Agency's web site at
www.phfa.org
.
(2) Except as provided in subsection (c),
					 interest shall start to accrue when the homeowner begins to make repayment, and
					 will accrue only during the period in which the homeowner is required to make
					 repayment. Interest will not accrue in an amount greater than the amount of
					 repayment required.
(3) When the
					 mortgage for which mortgage assistance was made under this program is paid, and
					 the homeowner's emergency mortgage assistance payments are still due to the
					 Agency, interest will begin to accrue on the outstanding balance, including
					 accrued interest, of the payments made on the homeowner's behalf at the same
					 interest rate and on the same basis as specified in the mortgage for which
					 assistance payments were made.
(4)
					 If the residence is no longer owner occupied, the entire balance of the
					 homeowner's emergency mortgage assistance loan will immediately be due and
					 payable. The Agency will permit an assumption of the mortgage debt in
					 appropriate cases, such as when the original mortgagor dies and a family member
					 becomes the owner-occupant of the property and wishes to become legally
					 responsible for the debt.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part I - General Administration › Subpart D - Housing Finance Agency › Chapter 31 - HOUSING FINANCE AGENCY › Subchapter B - POLICY STATEMENT ON HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM › Section 31.208 - Insufficient funds

Current through Register Vol. 54, No. 28, July 13, 2024
If, in the Agency's determination, the Homeowner's
						Emergency Mortgage Assistance Fund contains insufficient funds to assist
						eligible applicants, a notice to this effect will be published by the Agency in
						the
Pennsylvania Bulletin
at least 60 days prior to the funds
						being depleted. The notice will include a date certain, which will be at least
						90 days after publication of the notice, after which mortgagees will no longer
						be required to comply with the act. If funds are replenished in sufficient
						amount, the Agency will publish a similar notice, effective immediately,
						announcing that fact and that mortgagees are again subject to the requirements
						of the act. During the time after the initial notice is published and before a
						renewal notice is published, the selection of those to receive financial
						assistance will be determined by the Agency on a first-come, first-served
						basis.