95-23390. Amendment of Affordable Housing Program Regulation  

  • [Federal Register Volume 60, Number 185 (Monday, September 25, 1995)]
    [Rules and Regulations]
    [Pages 49327-49331]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-23390]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    FEDERAL HOUSING FINANCE BOARD
    
    12 CFR Part 960
    
    [No. 95-26]
    
    
    Amendment of Affordable Housing Program Regulation
    
    AGENCY: Federal Housing Finance Board.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Federal Housing Finance Board (Board) is finalizing the 
    provisions of a proposed rule published in the Federal Register on July 
    28, 1995, amending, in part, the Board's regulation governing the 
    operation of the Affordable Housing Program (AHP). The amendments 
    contained in the proposed rule, and now adopted in final form, 
    authorize a Federal Home Loan Bank (Bank) to set aside a limited 
    portion of its available AHP subsidies to assist first-time homebuyers 
    pursuant to a program meeting specific requirements set forth in the 
    final rule. In addition, the final rule permits a Bank to establish a 
    homeownership set-aside program with requirements different from those 
    specifically set forth, subject to prior approval of the Board.
    
    EFFECTIVE DATE: The final rule is effective on October 25, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Brandon B. Straus, Attorney-Advisor, 
    Office of General Counsel, (202) 408-2589, or Diane E. Dorius, Deputy 
    Director, Office of Housing Finance, (202) 408-2576, Federal Housing 
    Finance Board, 1777 F Street, N.W., Washington, DC 20006.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Statutory and Regulatory Background
    
        Section 10(j)(1) of the Federal Home Loan Bank Act (Bank Act) 
    requires each Bank to establish a program to subsidize the interest 
    rate on advances to members of the Federal Home Loan Bank System (Bank 
    System) engaged in lending for long-term, low- and moderate-income, 
    owner-occupied and affordable rental housing at subsidized interest 
    rates. See 12 U.S.C. 1430(j)(1). The Board is required to promulgate 
    regulations governing the Program. See id. Sec. 1430(j)(9); 12 CFR part 
    960.
        Under the Board's AHP regulation, each Bank must make a specified 
    annual contribution to fund its AHP. See 12 CFR 960.10. During each 
    calendar year, each Bank accepts applications for funds from its 
    members during two of four quarterly funding periods, or ``rounds.'' 
    See 12 CFR 960.4. Applications are reviewed and recommended, and AHP 
    funds are awarded to applicants through a competitive scoring process 
    set forth in the AHP regulation. See 12 CFR 960.5. AHP funds are 
    awarded to the applicants whose applications score the highest among 
    all the applications received by the Bank in that funding round. See 
    id. 
        The Board believes that promoting homeownership for first-time 
    homebuyers is a significant part of the mission of the Bank System. In 
    furtherance of that goal, the Board and the Banks recently joined a 
    partnership agreement to promote the President's National Homeownership 
    Strategy to expand homeownership to millions of households by the year 
    2000. The Board believes that permitting the Banks to direct a portion 
    of their AHP contribution to assist low- and moderate-income, first-
    time homebuyers is consistent with its commitment to the National 
    Homeownership Strategy. Accordingly, on July 28, 1995, the Board 
    published in the Federal Register a proposal to amend the AHP 
    regulation to authorize a Bank to set aside a portion of its AHP 
    contribution to assist low- and moderate-income, first-time homebuyers 
    to purchase homes. See 60 FR 38768 (July 28, 1995).
    
    II. Summary of Proposed Rule
    
        The proposed rule generally would authorize each Bank to establish 
    a Matched Savings First-Time 
    
    [[Page 49328]]
    Homebuyers' Initiative (Initiative), according to the specific 
    requirements set forth in the proposed rule, under which the Bank would 
    set aside up to the greater of $1 million or 10 percent of its annual 
    required AHP contribution to be used as matching funds for first-time 
    homebuyers' savings deposits maintained with a Bank member. The 
    proposed rule also would authorize the Banks to establish first-time 
    homebuyer programs with different requirements from those applicable to 
    an Initiative (non-conforming homeownership set-aside programs), with 
    prior approval of the Board.
        Under the proposed rule, each dollar of a participating household's 
    savings would be matched by the member with up to three dollars of AHP 
    funds, but no more than $5,000, to be used by the household to pay for 
    downpayment and closing costs in connection with its first-time 
    purchase of a one-to-four family, owner-occupied property (including a 
    condominium or cooperative housing unit) used as its primary residence. 
    Each Bank would have discretion to determine the appropriate ratio of 
    AHP funds-to-savings of a participating household (with a maximum of 
    three-to-one), which ratio shall apply to all households participating 
    in the Bank's initiative.
        Under the proposed rule, members could be pre-approved for 
    participation in an Initiative if they have: (1) Established a 
    dedicated savings account program for eligible households; (2) 
    established a first-time homebuyer policy that defines the 
    qualifications for being a ``first-time'' homebuyer and that includes 
    financial and other incentives for such first-time homebuyers; and (3) 
    have established or sponsor a homebuyer counseling program.
        Under the proposed rule, in order to enroll initially in the 
    program, a household would be required to: (1) Have an income at or 
    below 80 percent of the area median income; (2) meet the requirements 
    of the member's first-time homebuyer policy, (3) open a dedicated 
    savings account with a participating member and agree to a savings 
    schedule; (4) enroll in a homebuyer counseling program; and (5) agree 
    to obtain mortgage financing from the member for the purchase of the 
    home. If, after six months from enrollment, a household were 
    progressing satisfactorily according to its agreed-upon schedule of 
    savings, the Bank would be required to reserve matching AHP funds, as 
    targeted in the savings schedule, in the name of the household, and the 
    household would be notified of acceptance into the Initiative. The 
    household, however, could not draw down the matching funds unless it 
    had saved for a minimum period of 10 months. The proposed rule would 
    require a household to use matching funds to purchase a home within one 
    year of acceptance in the Initiative (which occurs six month's after 
    initial enrollment with the member), or a longer period if the Bank 
    determined that reasonable circumstances justified extension beyond one 
    year.
        Under the proposed rule, a home purchased by a participating 
    household with funds received under an Initiative must be subject to a 
    deed restriction, ``soft'' second mortgage, or other legally 
    enforceable mechanism, pursuant to the requirements set forth in the 
    proposed rule, that would enable the Bank to recapture from the member 
    or directly from the seller a pro rata portion of those funds if the 
    home were sold by the initial household to a household that is not low- 
    or moderate-income, within 5 years (or longer, at the discretion of the 
    Bank) from the date of purchase by the participating household. The 
    proposed rule would allow for Bank waiver of the recapture requirement 
    if its imposition would cause undue hardship on the seller.
        Under the proposed rule, a Bank would make matching funds available 
    on a rolling, first come, first-served basis. A Bank could make 
    available up to $1 million of additional AHP funds from the next year's 
    Initiative set-aside if demand for funds under the Initiative exceeded 
    the amount set aside in the current year.
    
    III. Analysis of Public Comments and Summary of the Final Rule
    
        The Board requested public comment, generally, on all aspects of 
    the proposed rule, and specifically requested comment on four specific 
    issues addressed in the proposal: (1) Whether a 5-year retention period 
    for housing assisted under an Initiative is appropriate; (2) whether a 
    Bank should be permitted to commit its AHP contributions from future 
    years if demand for Initiative funds in a given year exceeds that 
    year's set-aside; (3) whether non-conforming set-aside programs should 
    be limited to programs assisting first-time homebuyers or should be 
    permitted to assist other kinds of activities related to homeownership 
    that promote the National Homeownership Strategy; and (4) whether the 
    funding limit established by the proposed rule is appropriate 
    generally, and whether this limit should apply also to non-conforming 
    set-aside programs.
    
    General Comments
    
        The Board received 32 comment letters on the proposed rule. Twenty-
    six commenters generally supported the proposal. Six commenters, 
    including one Bank, two Bank members, two not-for-profit housing 
    organizations and a real estate company did not support the set-aside 
    of AHP funds for specific purposes. In general, these commenters 
    opposed the proposal because it would reduce the amount of funds 
    generally available to finance other affordable housing projects and 
    activities that would not qualify under the set-aside.
        The Board believes limited set-asides are an appropriate way for 
    the Banks to direct AHP funds to specific activities that promote the 
    goals of National Homeownership Strategy and are consistent with the 
    goals of the AHP. Further, the authority for the Banks to establish 
    set-asides for homeownership programs is entirely voluntary. Therefore, 
    a Bank need not establish such a program if it determines that a set-
    aside is not appropriate in its district. Accordingly, the Board is 
    finalizing the set-aside proposal set forth in the proposed rule with 
    the following changes, taking into account comments received from the 
    public.
    
    Long-Term Retention
    
        Nineteen commenters supported a 5-year retention period for housing 
    assisted under an Initiative. Among these commenters were seven Banks, 
    seven Bank members, one banking trade association, one Bank Advisory 
    Council, one Community Development credit union, and one city. Among 
    the reasons cited by the supporters of a 5-year retention period were 
    that a 5-year retention period: allows a household to build equity in a 
    home; provides a greater incentive for a homeowner to improve his or 
    her property, whereas a longer retention term removes that incentive; 
    reduces the monitoring requirements for the Bank member and the Bank; 
    and eases the potential recapture responsibility of Bank members.
        Three commenters supported a retention period longer than 5 years. 
    One commenter supported a 10-year retention period to prevent real 
    estate speculation. Another commenter suggested that a 10-year period 
    would not place an undue monitoring burden on the Banks and would 
    result in a more equitable distribution of AHP funds. One commenter 
    supported a 15-year period, citing the scarcity of resources for low-
    income housing.
        Based on commenters' general support for a 5-year retention period, 
    
    
    [[Page 49329]]
    the final rule adopts this as the minimum requirement. Further, one 
    Bank member suggested that the provision in the proposed rule exempting 
    a household from the recapture requirement if it sells its home to an 
    income-eligible household within the five-year period creates an 
    unnecessary burden on the member to have to determine the income 
    eligibility of such future home purchasers. The Board also notes that 
    even in cases where the purchasing household does qualify as income-
    eligible, the subsidy initially received by the seller is not passed on 
    to the purchaser. Therefore, the final rule requires that in all cases 
    where a participating household sells its home prior to the end the 5-
    year retention period, the household must repay a pro rata portion of 
    the funds it received under the Initiative.
    
    Commitment of AHP Contributions From Future Years
    
        Of the 14 comments addressing this issue, the majority specifically 
    supported the provision in the proposed rule permitting a Bank to 
    commit its AHP contributions from future years if demand for Initiative 
    funds in a given year exceeds that year's set-aside. Several commenters 
    noted concern about the potential oversubscription of an Initiative.
        In order to address this issue, the final rule requires each Bank 
    to establish a policy that ensures that the Bank enrolls no more 
    households in its Initiative than the Bank can fund with the amount of 
    funds set aside by the Bank for the Initiative in a given year. Under 
    such a policy, the Bank should make projections of the amount of funds 
    necessary to fund all the households enrolled in an Initiative in a 
    given year, so that all enrolled households receive funds according to 
    the agreed-upon savings goals established upon enrollment. The final 
    rule also provides that in cases where demand for Initiative funds in a 
    given year exceeds the amount of set-aside funds available for that 
    year, the Bank may: (1) Make available up to an additional $1 million 
    from the next year's set-aside of funds under such initiative; and/or 
    (2) establish a waiting list for households meeting the requirements 
    for enrollment, provided that the Bank clearly inform households on the 
    waiting list that there is no guarantee that they will be enrolled.
    
    Non-Conforming Homeownership Set-Aside Programs
    
        The Board specifically requested comment on whether other, 
    nonconforming set-aside programs proposed by a Bank under 
    Sec. 960.5(g)(2) of the proposed rule should be limited to programs 
    that assist first-time homebuyers, or whether it would be practicable 
    to broaden the language of the proposal to allow for assistance to be 
    provided to other categories of activities related to homeownership 
    that promote the National Homeownership Strategy, such as improving and 
    rehabilitating existing homes and encouraging homeownership strategies 
    that revitalize distressed communities.
        Approximately one-third of the commenters supported a homeownership 
    set-aside that did not meet the specific requirements of the matched 
    savings model. Some cited the need for rehabilitation as a community 
    revitalization strategy and/or the need for additional alternatives to 
    meet the goals of the National Homeownership Strategy. Eighteen 
    commenters were opposed to limiting the set-asides to first-time 
    homebuyers, citing the need for renovation of existing homes and 
    revitalization of communities. Two commenters, a Bank and its Advisory 
    Council, supported permitting Banks to set aside AHP funds for disaster 
    relief or other programs to address local needs.
        The Board believes that it is appropriate to limit the set-aside to 
    uses consistent with the National Homeownership Strategy. Therefore, 
    the Board has decided to retain the first-time homebuyer requirement 
    for Initiatives established under Sec. 960.5(g)(1). However, the final 
    rule provides that nonconforming homeownership set-aside programs 
    established by a Bank under Sec. 960.5(g)(2) may include homeownership 
    programs that meet those goals of the National Homeownership Strategy 
    that, in the Board's determination, are consistent with the goals and 
    requirements of section 10(j) of the Bank Act, such as providing funds 
    for the purchase or rehabilitation of homes by income-eligible first-
    time homebuyers and homeowners currently living in overcrowded 
    conditions, unsanitary or unsound premises, unsafe neighborhoods, or 
    neighborhoods that do not offer adequate economic or educational 
    opportunities.
    
    Amount of Available Funds
    
        The Board specifically requested comment on whether the funding 
    limit of the greater of $1 million or 10 percent of a Bank's annual 
    required AHP contribution: (a) Is appropriate generally; and (b) should 
    apply to other, non-conforming set-aside programs under proposed 
    Sec. 960.5(g)(2), or whether the funding limits for such other programs 
    should be left to the discretion of the Board. Among the eight 
    commenters addressing this issue, there was general support for the 
    funding limit as applied to an Initiative, but there was not a clear 
    consensus on whether this limit should apply also to a nonconforming 
    set-aside program. One commenter supported allowing the Board to 
    determine the limit for nonconforming homeownership set-aside programs, 
    and two commenters suggested allowing the Banks to determine the limit. 
    The final rule provides that total funding for an Initiative 
    established by a Bank under Sec. 960.5(g)(1) shall be limited to the 
    greater of $1 million or 10 percent of a Bank's annual required AHP 
    contribution. Funding limits for nonconforming homeownership set-aside 
    programs proposed by a Bank under Sec. 960.5(g)(2) shall be subject to 
    Board approval.
    
    Comments on Other Provisions of the Proposed Rule
    
        Two commenters suggested that the Board should define ``first-time 
    homebuyer,'' rather than permitting each member to establish its own 
    definition, in order to ensure uniform application of the definition. 
    Commenters also suggested that the definition include victims of 
    domestic violence and single heads of households who are in the process 
    of dissolving their marriages and that the definition be consistent 
    with the requirements governing federal tax-exempt mortgage revenue 
    bonds (MRB). See 26 U.S.C. 143(d). In order to establish uniformity 
    within and among the Bank's Initiatives, the Board is adopting the 
    definition of ``first-time homebuyer'' contained in the Cranston-
    Gonzalez National Affordable Housing Act of 1990, see Pub. Law 101-625, 
    sec. 104(14), 104 Stat. 4079, 4087 (Nov. 28, 1990) (codified at 42 
    U.S.C. ch. 130). This definition is consistent with the requirements 
    governing MRBs.
        Two Bank members suggested that households with sufficient existing 
    savings should be permitted to receive matching funds without being 
    required to participate in a savings program over time. One not-for-
    profit housing organization specifically supported the minimum time 
    requirement for savings as a mechanism to help avoid defaults by 
    households that rush into home purchases. The final rule retains the 
    proposed provisions governing the required minimum period for savings. 
    Nothing in the final rule would preclude a household from using 
    existing savings to make deposits in its dedicated savings account 
    established with the member. Further, a program 
    
    [[Page 49330]]
    with alternative savings requirements could be considered by the Board 
    as a nonconforming homeownership set-aside program proposed by a Bank 
    under Sec. 960.5(g)(2).
        Some commenters cited the need for flexibility in the savings goal, 
    since some households may experience circumstances that limit their 
    capacity to save on a regular schedule, such as seasonal employment. 
    The final rule clarifies that a household need not make equal deposits 
    of funds at uniform intervals in order to meet the requirement that it 
    make satisfactory progress towards meeting its savings goal. The final 
    rule requires that a household make satisfactory progress in making 
    deposits in its dedicated savings account in a manner that is 
    consistent with the goals of its agreed-upon savings schedule.
        Five commenters, including three Bank members, suggested that the 
    requirement that a household purchase a home within one year of 
    acceptance into an Initiative does not allow sufficient time for a 
    household to meet its savings goal and then locate and close on a 
    suitable home. Commenters recommended allowing longer periods ranging 
    from 18 to 36 months. Accordingly, the final rule changes the deadline 
    for the use of Initiative funds to 2 years from the date the Bank 
    reserves matching funds in the name of the household.
        One commenter stated that the requirement in the proposed rule that 
    a Bank member verify a household's progress in meeting its savings 
    schedule every six months from the date of each household's acceptance 
    into the Initiative would create an undue burden on the member. The 
    commenter suggested that the member be allowed to set two dates at six-
    month intervals during the year on which to verify the progress of all 
    households in that member's program. The final rule reflects this 
    change.
        Two commenters suggested that the maximum amount of matching funds 
    per household permitted under the proposed rule would be too low, 
    especially in areas with high housing costs. Because a program with a 
    higher matching ratio or a higher dollar limit could be considered for 
    approval by the Board under Sec.  960.5(g)(2), the Board has retained 
    the matched savings requirement for an Initiative in the final rule.
        One commenter requested that the proposed rule permit a 
    participating household to obtain a mortgage through an MRB program or 
    from a not-for-profit organization that provides lower-cost funds. The 
    Board believes that member involvement in mortgage lending for 
    participating households encourages members to be more active in the 
    AHP and in financing affordable housing generally. Lending under an 
    Initiative also will help members meet their obligations under the 
    Community Reinvestment Act. A number of MRB programs use financial 
    institutions to make loans under those programs. Therefore, a member 
    would not be precluded from using an MRB program or collaborating with 
    another funding source to fund a loan it makes to a household under an 
    Initiative. Further, a nonconforming set-aside program allowing the use 
    of a funding source in place of a member could be considered by the 
    Board under Sec. 960.5(g)(2). Therefore the final rule retains the 
    provision of the proposed rule requiring a household receiving funds 
    under an Initiative to agree to obtain mortgage financing from the 
    member with whom it maintains its dedicated savings account. The final 
    rule adds new provisions requiring that mortgage loans provided by 
    members in connection with the use of funds provided under an 
    Initiative shall not be priced above the market rate for a loan of 
    similar maturity and terms.
    
    IV. Regulatory Flexibility Act
    
        The final rule applies only to the Banks, which do not come within 
    the meaning of ``small entities,'' as defined in the Regulatory 
    Flexibility Act (RFA). See 5 U.S.C. 601(6). Therefore, in accordance 
    with section 605(b) of the RFA, see id. Sec. 605(b), the Board hereby 
    certifies that this final rule will not have a significant economic 
    impact on a substantial number of small entities.
    
    List of Subjects in 12 CFR Part 960
    
        Banks, banking, Credit, Federal home loan banks, Housing.
    
        Accordingly, chapter IX, title 12, subchapter E, Code of Federal 
    Regulations, is hereby amended as follows:
    
    SUBCHAPTER E--AFFORDABLE HOUSING
    
    PART 960--AFFORDABLE HOUSING PROGRAM
    
        1. The authority citation for part 960 is revised to read as 
    follows:
    
        Authority: 12 U.S.C. 1422a, 1422b, 1430(j).
    
        2. Section 960.4 is amended by revising the first sentence of 
    paragraph (a) to read as follows:
    
    
    Sec. 960.4  Applications for funding.
    
        (a) Except as provided in Sec. 960.5(g), the Program is based on 
    District-wide competitions administered by the Board. * * *
    * * * * *
        3. Section 960.5 is amended by adding a new paragraph (g) and by 
    revising paragraph (a)(1) to read as follows:
    
    
    Sec. 960.5  Project scoring and funding.
    
        (a) General. (1) Each Bank will evaluate all applications received 
    pursuant to Sec. 960.4(a) from its members that satisfy the use 
    provisions identified in Sec. 960.3(b).
    * * * * *
        (g) Set-aside programs. Programs established by a Bank under this 
    paragraph (g) shall be priority projects under section 10(j)(3) of the 
    Federal Home Loan Bank Act. For purposes of this paragraph (g), the 
    term ``first-time homebuyer'' means a first-time homebuyer as defined 
    in 42 U.S.C. 12704(14).
        (1) Programs exempt from prior Board approval. Without the prior 
    approval of the Board, a Bank may set aside annually up to the greater 
    of $1 million or 10 percent of its annual required Affordable Housing 
    Program contribution to fund a matched savings first-time homebuyers' 
    initiative that meets all of the following requirements:
        (i) Announcement of available Bank funds. The Bank shall notify its 
    members of the amount of annual funds available under the initiative;
        (ii) Pre-approval of member participants. The Bank shall approve a 
    member's participation in the initiative if the member has:
        (A) Established a savings account program offering dedicated 
    savings accounts to eligible households;
        (B) Established a first-time homebuyer policy that includes 
    financial or other incentives for first-time homebuyers;
        (C) Established a homebuyer counseling program based on those 
    offered by or in conjunction with a not-for-profit housing agency or 
    other recognized counseling organization;
        (D) Committed that the Bank or member participant will be entitled 
    to recapture of the equivalent amount of the matching funds, as 
    provided in paragraph (g)(1)(xi) of this section;
        (iii) Approval of initial enrollment of households. Subject to a 
    Bank's policy established under paragraph (g)(1)(iv) of this section, 
    the Bank shall approve the initial enrollment, through the approved 
    member participant, of a household as a potential beneficiary in the 
    initiative, if the household:
        (A) Is low- or moderate-income, as defined in Sec. 960.1(g), and is 
    a first-time homebuyer, as of the date of enrollment; 
    
    [[Page 49331]]
    
        (B) Has opened a dedicated savings account with the member 
    participant and established a schedule of savings into the account;
        (C) Has enrolled in a homebuyer counseling program established by 
    the member participant that is based on those offered by or in 
    conjunction with a not-for-profit housing agency or other recognized 
    counseling organization; and
        (D) Has agreed to obtain mortgage financing from the member 
    participant for the purchase of a home;
        (iv) Establishment of Bank policy on enrollment. The Bank shall 
    establish a policy that ensures that the Bank enrolls no more 
    households in its initiative than the Bank can fund with the amount of 
    funds set aside by the Bank for the initiative in a given year;
        (v) Bank reservation of matching funds six months after initial 
    enrollment. The Bank shall reserve, in the name of the household, 
    matching funds as targeted in the household's schedule of savings for a 
    given year, and shall notify the member participant and household of 
    such reservation, if, six months after the initial enrollment of the 
    household (or, in cases of households enrolled after being on a waiting 
    list under paragraph (g)(1)(x)(B)(2) of this section, and who, for a 
    period of at least six months, have contributed to a dedicated savings 
    account with a member participant), the member participant certifies to 
    the Bank that the household is progressing satisfactorily by 
    participating in the homebuyer counseling program and depositing funds 
    to its dedicated savings account consistent with the goals of its 
    agreed schedule of savings;
        (vi) Verification of household progress. The Bank shall require the 
    member participant to verify, semi-annually, each participating 
    household's satisfactory progress in completing the homebuyer 
    counseling program and making deposits to its dedicated savings account 
    consistent with the goals of its agreed schedule of savings;
        (vii) Approval of matching funds drawdown. The Bank shall approve a 
    request from a member participant for matching funds, and shall credit 
    such funds to the member participant's account, if the member 
    participant certifies to the Bank that:
        (A) The household made deposits to its dedicated savings account 
    consistent with the goals of its agreed schedule of savings for a 
    minimum of ten months;
        (B) Closing on the sale of a home to the household is scheduled to 
    occur within two years of the date the Bank reserved matching funds in 
    the name of the household, or a longer period if the Bank determines 
    that reasonable circumstances (such as unforeseen hardship, inability 
    to locate a suitable home, or delays in closing on the sale) justified 
    extending such time period for the use of the funds;
        (C) The household has completed the required homebuyer counseling 
    program;
        (D) The household has received the financial or other incentives 
    committed by the member participant pursuant to its first-time 
    homebuyer policy, and the interest rate on the mortgage loan provided 
    by the member to the household does not exceed the market rate for a 
    loan of similar maturity and terms;
        (E) A deed restriction, ``soft'' second mortgage or other legally 
    enforceable mechanism exists on the household's home that entitles the 
    Bank or member participant to recapture of the equivalent amount of the 
    matching funds, as provided in paragraph (g)(1)(xi) of this section;
        (viii) Amount of matching funds. Each Bank shall determine the 
    amount of matching funds that it will provide to households receiving 
    funds under its initiative, which amount shall not exceed the lesser of 
    three times the amount of a household's savings in its dedicated 
    savings account or $5,000;
        (ix) Eligible uses of funds. Households receiving funds under an 
    initiative may use such funds only for the payment of downpayment or 
    closing costs in connection with the household's purchase of a one-to-
    four family, owner-occupied residential property (including a 
    condominium or cooperative housing unit) to be used as its primary 
    residence;
        (x) Availability of funds. In making initiative funds available:
        (A) The Bank shall make such funds available on a rolling, first-
    come, first-served basis;
        (B) In cases where demand for initiative funds in a given year 
    exceeds the amount of set aside funds available for that year, the Bank 
    may:
        (1) Make available up to an additional $1 million from the next 
    year's set-aside of funds under such initiative; and/or
        (2) Establish a waiting list for households meeting the 
    requirements for enrollment, provided that the Bank clearly inform 
    households on the waiting list that there is no guarantee that they 
    will be enrolled;
        (xi) Long-term requirement--recapture of funds upon resale. The 
    Bank shall require that a home purchased using funds under an 
    initiative be subject to a deed restriction, ``soft'' second mortgage 
    or other legally enforceable mechanism that requires that, if the home 
    is sold prior to the end of a period of not less than 5 years (or such 
    longer period as the Bank may determine in establishing its initiative) 
    from the date of purchase by the initial household:
        (A) The Bank or its designee be given notice of the sale; and
        (B) The seller be required to repay a pro rata share, except for de 
    minimis amounts determined by the Bank, of the funds provided under the 
    initiative, reduced for every year the seller owned the home, to be 
    repaid from any net gain from the sale of the home after deduction for 
    sales expenses, and to be returned to the Bank to be made available to 
    other households under the Initiative or to other Affordable Housing 
    Program projects, except that the Bank in its discretion may waive such 
    repayment requirement if its imposition would cause undue hardship on 
    the seller, as defined by the Bank;
        (xii) Bank implementation procedures. Each Bank may establish its 
    own procedures for further implementation of the requirements of this 
    paragraph (g)(1).
        (2) Nonconforming homeownership set-aside programs. A Bank may set 
    aside a portion of its annual required Affordable Housing Program 
    contribution, in an amount approved by the Board, to implement a 
    homeownership program that does not meet the requirements of paragraph 
    (g)(1) of this section, provided the program satisfies the requirements 
    of 12 U.S.C. 1430(j); meets those goals of the National Homeownership 
    Strategy that, in the Board's determination, are consistent with the 
    goals of the AHP; and receives the prior approval of the Board.
    
        Dated: September 14, 1995.
    
        By the Federal Housing Finance Board.
    Bruce A. Morrison,
    Chairman.
    [FR Doc. 95-23390 Filed 9-22-95; 8:45 am]
    BILLING CODE 6725-01-U
    
    

Document Information

Effective Date:
10/25/1995
Published:
09/25/1995
Department:
Federal Housing Finance Board
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-23390
Dates:
The final rule is effective on October 25, 1995.
Pages:
49327-49331 (5 pages)
Docket Numbers:
No. 95-26
PDF File:
95-23390.pdf
CFR: (4)
12 CFR 104(14)
12 CFR 960.5(g)(2)
12 CFR 960.4
12 CFR 960.5