98-19559. Notice of Availability of Funding and Requests for Proposals for Guaranteed Loans Under the Section 538 Guaranteed Rural Rental Housing Program  

  • [Federal Register Volume 63, Number 140 (Wednesday, July 22, 1998)]
    [Notices]
    [Pages 39472-39474]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-19559]
    
    
    
    Federal Register / Vol. 63, No. 140 / Wednesday, July 22, 1998 / 
    Notices
    
    [[Page 39472]]
    
    
    
    DEPARTMENT OF AGRICULTURE
    
    Rural Housing Service
    
    
    Notice of Availability of Funding and Requests for Proposals for 
    Guaranteed Loans Under the Section 538 Guaranteed Rural Rental Housing 
    Program
    
    AGENCY: Rural Housing Service, USDA.
    
    ACTION: Notice.
    
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    SUMMARY: This Notice of Fund Availability (NOFA or Notice) announces 
    the timeframe to submit proposals in the form of ``NOFA responses'' for 
    the section 538 Guaranteed Rural Rental Housing Program (GRRHP). 
    Eligible lenders are invited to submit NOFA proposals for the 
    development of affordable rental housing to serve rural America. 
    Lenders have the option, but it is not a requirement, of submitting 
    their application concurrently with their NOFA response. This document 
    also describes the overall application process, including the selection 
    of NOFA responses and the allocation of interest credits.
    
    DATES: The deadline for receipt of NOFA responses is 4:00 PM, Eastern 
    Daylight Savings Time on August 17, 1998. Lenders intending to mail a 
    NOFA response must provide sufficient time to permit delivery on or 
    before the closing deadline date and time. Acceptance by a post office 
    or private mailer does not constitute delivery. Facsimile (FAX), Cash 
    on Delivery (COD), and postage due NOFA response/application will not 
    be accepted. No NOFA responses will be accepted after the deadlines 
    previously mentioned, unless that date and time is extended by another 
    Notice published in the Federal Register.
    
    ADDRESSES: Responses for participation in the program must be 
    identified as ``Section 538 Guaranteed Rural Rental Housing Program'' 
    on the envelope or wrapper and be submitted to: Director, Multi-Family 
    Housing Processing Division, Rural Housing Service, US Department of 
    Agriculture, Room 5337 (STOP 0781), 1400 Independence Ave. SW, 
    Washington, DC 20250-0781.
    
    FOR FURTHER INFORMATION CONTACT: Obediah G. Baker, Jr., Director, 
    Multi-Family Housing Processing Division, U. S. Department of 
    Agriculture, South Agriculture Building, Room 5337 (STOP 0781), 1400 
    Independence Ave. SW, Washington, DC 20250-0781. Telephone: (202) 720-
    1604 (this number is not toll-free). Hearing or speech impaired persons 
    may access that number by calling toll-free the Federal Information 
    Relay Service at (800) 877-8339.
    
    SUPPLEMENTARY INFORMATION: On March 28, 1996, President Clinton signed 
    the ``Housing Opportunity Program Extension Act of 1996,'' Public Law 
    104-120, authorizing the section 538 Guaranteed Rural Rental Housing 
    Program (GRRHP). The program is intended to provide rural America with 
    affordable housing through the use of loan guarantees and partnering 
    with other housing programs, including state and local housing finance 
    agencies and bond issuers.
        The Rural Housing Service (RHS) is publishing regulations governing 
    the program as an interim rule elsewhere in this Federal Register. 
    Those regulations set forth RHS policies and requirements on the 
    program, including: lender and borrower requirements, loan and property 
    requirements and restrictions, purposes and uses of guaranteed funds, 
    processing requirements, project management and servicing requirements, 
    and policies and mandated procedures on assignments, conveyances and 
    claims. Interested applicants should carefully review the interim rule, 
    RHS's handbook of administrative procedures on origination and 
    servicing for the program, and the application package. These are 
    available from the RHS Multi-Family Housing Processing Division at 202-
    720-1604. This is not a toll-free number. Hearing- or speech-impaired 
    persons may access that number by calling toll-free the Federal 
    Information Relay Service at (800) 877-8339.
    
    Discussion of Notice
    
    I. Purpose and Program Summary
    
        The program has been designed to increase the supply of affordable 
    multifamily housing through partnerships between RHS and major lending 
    sources, as well as State and local housing finance agencies and bond 
    issuers. Qualified lenders will be authorized to originate, underwrite, 
    and close loans for multifamily housing projects requiring new 
    construction or acquisition with rehabilitation of at least $15,000 per 
    unit. RHS may guarantee such loans upon presentation and review of 
    appropriate certifications, project information and satisfactory 
    completion of the appropriate level of environmental review by RHS. 
    Lenders will be responsible for the full range of loan management, 
    servicing, and property disposition activities associated with these 
    projects. The lender will be expected to provide servicing or contract 
    for servicing of each loan it underwrites. In turn, RHS will guarantee 
    the lender's loan up to 90 percent of total development cost and 
    commits to pay up to a maximum of 90 percent of the outstanding 
    principal and interest balance of such loan in the case of default of 
    the loan and filing of a claim. In no event will the Agency pay more 
    than 90 percent of the original principal amount. This means that the 
    Agency will have a risk exposure under the GRRHP of approximately 80 
    percent of the total development cost. Any losses would be split on a 
    pro-rata split between the lender and the Agency from the first dollar 
    lost.
    
    II. Allocation
    
        In Fiscal Year (FY) 1998, budget authority will provide 
    approximately $38 million in program dollars. All FY 1998 funds will be 
    held in the National Office. There are no set-asides or demonstration 
    purposes for the GRRHP for FY 1998.
    
    III. Application Process
    
        For FY 1998, there is limited time between the publication of the 
    NOFA and the deadline for receipt of applications in time for making 
    conditional commitments for guaranteed loans. Eligible lenders are 
    encouraged to submit NOFA responses prior to deadline, as applications 
    will be reviewed as they are received. Lenders are required to submit 
    their NOFA response by August 17, 1998. In the interest of time, 
    lenders have the option of submitting a combined NOFA response and 
    application. However, the Agency will not give preference to a 
    submission with both the NOFA response and application. Upon notice of 
    selection, lenders with the top ranked NOFA responses will be requested 
    to submit the required application fee of $2,500.00 and full 
    application if not already submitted. When the conditions of the 
    conditional commitment are met, the lender will submit the required 
    information with a separate guarantee fee of 1% of the total commitment 
    amount.
    
    IV. Submission Requirements
    
        All NOFA responses for the GRRHP must meet the requirements of 7 
    CFR part 3565 and this NOFA. Incomplete submissions will not be 
    reviewed and will be returned to the lender. Lenders are encouraged, 
    but not required, to include a checklist and to have their applications 
    indexed and tabbed to facilitate the review process. RHS will base its 
    determination of completeness of the application and the eligibility of 
    each lender on the information provided in the application.
    
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    V. Selection Criteria
    
        A. NOFA proposals will be reviewed as received. In the event that 
    demand exceeds available funds, priorities will be assigned to eligible 
    proposals on the basis of the following criteria designed to focus the 
    FY 1998 guarantee program on Presidentially-declared disaster areas, to 
    promote partnerships creating affordable housing, and to assure the 
    most cost effective financing packages:
        (1) Proposal in a rural Presidentially-declared disaster area (25 
    points).
        (2) Partnering and leveraging in order to develop the maximum 
    number of housing units and promote partnerships with state and local 
    communities, including other partners with similar housing goals. 
    Leveraging is encouraged (up to 20 points with 5 points for each source 
    of funding contributing 10 percent or more of total development cost).
        (3) Loans with interest rates of less than 200 basis points over 
    the 30 Year Treasury Rate; the lower the basis points, the higher the 
    priority. Interest rate priority points will be awarded as follows:
    
    ------------------------------------------------------------------------
                             Interest rate                            Points
    ------------------------------------------------------------------------
    175 to 151 basis points........................................        5
    150 to 100 basis points........................................       10
    99 to 50 basis points..........................................       15
    49 to 0 basis points...........................................       20
    ------------------------------------------------------------------------
    
        In the event of ties, proposals in rural Presidentially-declared 
    disaster areas will be selected. In the event of ties between two or 
    more proposals in such areas, selection between such proposals will be 
    by lot. If there are ties between two or more NOFA responses not in 
    rural Presidentially-declared disaster areas, selection will be by lot.
        B. For 20 percent of the loans made under the program, RHS shall 
    provide the borrower with interest credits to reduce the interest rate 
    of the loan by a maximum of 200 basis points. In no instance will the 
    lender's interest rate be reduced to lower than the Applicable Federal 
    Rate.
        RHS will provide interest credit on up to $1.5 million of a loan 
    submitted for guarantee. Lenders with proposals that could be viable 
    with or without interest credits are encouraged to submit a NOFA 
    response reflecting financial and market feasibility under both funding 
    options.
        NOFA responses proposing to receive interest credit will be 
    selected using the following criteria:
        (1) Requests will be ranked using the selection criteria for non-
    interest credit proposals (up to 65 points).
        (2) Geographical location with emphasis on smaller rural 
    communities versus larger rural communities. The requests will be 
    ranked by population with proposals serving the smallest communities 
    receiving priority. All proposals will be ranked in descending order of 
    their population. The proposals will be given a point score starting 
    with the lowest population receiving 20 points, the next 19 points and 
    so forth until all 20 points are awarded. Those remaining will receive 
    zero points.
        (3) The most needy communities within a State based on census 
    income data showing the preponderance of low and moderate income 
    families. The communities to benefit from a guarantee with interest 
    credit will be ranked by their percentage of the median income within 
    the State with proposals serving rural communities with the lowest 
    relative median income in the State compared to proposals serving 
    communities in other States receiving priority. The proposals will be 
    given a point score starting with the lowest percentage of median 
    income receiving 20 points, the next 19 points and so forth until all 
    20 points are awarded. Those remaining will receive zero points.
        (4) Extent of the commitment by the applicant to maintain priority 
    at initial occupancy for low income families throughout the term of the 
    loan. All proposals will be ranked by length of commitment with the 
    longest receiving priority. The proposals will be given a point score 
    starting with the longest occupancy commitment for low-income families 
    receiving 20 points, the next 19 points and so forth until all 20 
    points are awarded. Those remaining will receive zero points.
        (5) The lowest overall proportional effective subsidy cost to RHS. 
    All of the interest credit requests will be ranked by proportional 
    effective subsidy cost to the government with the lowest cost to RHS 
    receiving priority. The proposals will be given a point score starting 
    with the lowest proportional effective subsidy cost to RHS receiving 20 
    points, the next 19 points and so forth until all 20 points are 
    awarded. Those remaining will receive zero points.
        (6) Preference will be given to family proposals with large bedroom 
    mixes. All of the proposals will be ranked by percent of units with 3-5 
    bedrooms with the proposals having the highest percent of 3-5 bedrooms 
    receiving priority. The proposals will be given a point score starting 
    with the highest ratio of 3-5 bedroom units to total units receiving 20 
    points, the next 19 points and so forth until all 20 points are 
    awarded. Those remaining will receive zero points.
        (7) Proposals to be developed in a colonial on tribal land, or in 
    an Empowerment Zone or Enterprise Community, or in a place identified 
    in the State consolidated plan or State needs assessment as a high need 
    community for multifamily housing (20 points).
        In the event of ties, proposals in rural Presidentially-declared 
    disaster areas will be selected to receive interest credit assistance. 
    In the event of ties between two or more proposals in such areas, 
    selection between such proposals will be by lot. If there are ties 
    between two or more NOFA responses not in rural Presidentially-declared 
    disaster areas, selection will be by lot.
    
    VI. Additional Information
    
    A. Regulations
    
        NOFA responses are also subject to the regulatory provisions of the 
    Interim Final Rule entitled ``Guaranteed Rural Rental Housing 
    Program,'' which is published elsewhere in this issue of the Federal 
    Register.
    
    B. Surcharges for Guarantee of Construction Advances
    
        There is no surcharge for guarantee of construction advances for FY 
    1998.
    
    C. Maximum Interest Rate
    
        The maximum allowable interest rate on a loan submitted for a 
    guarantee is 200 basis points over the 30-year Treasury Bond Rate as 
    published in the Wall Street Journal as of the business day previous to 
    the business day the rate is set.
    
    D. Lender Application Fee
    
        There is no lender fee for lender approval in FY 1998.
    
    E. Program Fees for FY 1998
    
        (1) There is a guarantee fee of 1% of the total commitment amount 
    which will be due at closing of the permanent loan.
        (2) There is an annual renewal fee of 0.5% of the guaranteed 
    outstanding principal balance charged each year or portion of the year 
    that the guarantee is in effect. Each calendar year, this fee will be 
    collected in advance, beginning on the first anniversary of the loan.
        (3) There is no site assessment and market analysis or preliminary 
    feasibility fee in FY 1998.
        (4) There is a non-refundable application fee of $2,500 when the 
    application is submitted following proposal selection under the NOFA.
    
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        (5) There is a flat fee of $500 when a lender requests RHS to 
    extend the term of a guarantee commitment.
        (6) There is a flat fee of $500 when a lender requests RHS to 
    reopen a guarantee commitment after the period of the commitment 
    lapses.
        (7) There is a flat fee of $1,250 when a lender requests RHS to 
    approve the transfer of property and assumption of the loan to an 
    eligible applicant.
    
        Dated: July 17, 1998.
    Jan E. Shadburn,
    Administrator, Rural Housing Service.
    [FR Doc. 98-19559 Filed 7-21-98; 8:45 am]
    BILLING CODE 3410-XV-P